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  • Terms and conditions (niet weggooien!)

TERMS AND CONDITIONS

These are the general conditions ("General Conditions") of Dutch Toys Group BV (hereinafter referred to as call "DTG", "we," "us" or "our"), a company with address Edisonstraat, 83, Doetinchem. DTG is registered with the Chamber of Commerce under number 52578712. With using or visiting the (mobile) applications, websites or other services of DTG (hereinafter collectively referred to as the “Service”) you agree that you are bound by these Terms and Conditions. The Service is owned and managed by DTG. These General Terms and Conditions relate to your rights and obligations. If you do not want to be bound by these General Terms and Conditions, do not use or visit the Service.

Safety

1. You may not use the Service for illegal or unauthorized purposes. You agree with all laws, rules and regulations that apply to your use of the Service, including but not limited to copyright law.

2. It is not permitted to use the Service or the servers and / or networks that are connected to the Block or disrupt service, for example by worms, viruses, spyware, malware or other destructive or disruptive code. You may not inject any content or code or otherwise make adjustments to, or intervene in the way in which, a DTG page is displayed in the browser of a user or device.

3. You may not change, change, adjust or change the website of the Service, change or adjust to incorrectly imply that it is associated with the Service or DTG.

Basic conditions

1. Upon termination come all licenses and other rights granted under this General Conditions granted to you immediately expire.

2. We reserve the right to refuse access to the Service for any random person at any time and for any reason.

3. You agree that you are responsible for all data costs that you incur through the use of the service.

4. We prohibit "crawling", "scraping", "caching" or otherwise access the Service via automated means (except as a result of the standard search engine protocols or technologies used by a search engine with the express permission of DTG).

Intellectual property rights

1. DTG hereby grants you a non-transferable license to use the Service.

2. It is not permitted to change the source code of the Service, to make derivative works of it, to decompile or otherwise obtain, except when expressly permitted by a open source license or when we have given you explicit written permission. Every attempt doing this is a violation of DTG's rights.

3. The Service contains content that is owned or licensed by DTG ("DTG Content"). DTG Content protected by intellectual property rights, such as copyrights and trademarks. DTG has and retains all rights with regard to the DTG Content. It is not allowed to make any notification on copyrights, trademarks, or other intellectual property rights contained in or remove, modify or conceal content from the DTG Content. Nor is it permitted to use DTG Reproduce, modify, adapt, execute, display, publish content distribute, transfer, broadcast, sell, license or otherwise exploit it, nor to create derivative works from it.

4. The DTG name and logo are trademarks of DTG, and may not become wholly or partially be copied, imitated or used without the prior written permission of DTG. In addition, all headings, custom images, button icons and scripts may be service marks, DTG trademarks and / or logos without prior written permission from DTG, not be copied, imitated or used.

Third parties

1. The Service or communication that you receive from the Service may include links to (mobile) applications, websites or functions of third parties. The Service may also contain the content of third parties that we do not approve or recommend. DTG does not control web services or other content from these third parties. You explicitly acknowledges and accepts that DTG is in no way responsible or liable for such services or functions of third parties. We recommend that you check the conditions and privacy policy ofto read these third parties.

Disclaimer of Warranties

1. The Service, including DTG Content, is provided on an "as is", "as available." is "and" with all defects present "basis. To the extent permitted by law, neither DTG nor its directors, employees, managers, officers, partners, branches or agents (collectively the "DTG Parties') any guarantee or approval of any kind, explicit or implicit, with regard to:

(a) the Service;

(b) the DTG Content;

(c) User Content; or

(d) the security associated with the transfer from information to DTG or via the Service.

Moreover, the DTG Parties hereby designate all explicit and implied warranties, including but not limited to warranties of merchantability, suitability for a specific purpose, non-infringement, ownership, customization, trade, quiet enjoyment, system integration and absence of computer viruses.

2. The DTG Parties do not guarantee that the Service will function without error or interruption, that defects will be corrected or that the Service or the server that makes the Service available is free of harmful components, including but not limited to viruses. The DTG Parties declare and guarantee that the information (including instructions) on the Service is accurate, complete or useful.

3. You acknowledge that your use of the Service is entirely at your own risk. The DTG Parties do not guarantee that your use of the Service is permitted by law in a particular jurisdiction and such warranties explicitly. In some jurisdictions, the exclusion of implied or other warranties is limited or not allowed: that means that the above rejection in your jurisdiction may not apply to you and the Terms and Conditions apply.

4. Although it is DTG's intention that the Service should be available as much as possible, there may be moments when the Service can be interrupted by maintenance work or upgrades, emergency repairs or failed telecommunications connections and / or equipment.

5. By using the Service, you represent and warrant that your activities are permitted by lawin any jurisdiction where you use the Service.

Limitation of liability

1. To the extent not prohibited by law, the DTG Parties will under no circumstances be liable for loss or damage of any kind (including, without limitation, for direct, indirect, economic, exemplary, special, punitive, incidental, consequential or indirect damages to do with):

a. the Service;

b. the DTG Content;

c. User Content;

d. your use of, inability to use, or the performance of the Service;

e. all measures taken in connection with an investigation by DTG Parties or government agencies regarding your use or use of third parties of the Service.

f. all measures taken in connection with copyright or other intellectual property owners property;

g. any errors or omissions in the operation of the Service;

h. any damage to a user's computer, mobile device or other equipment, including damage as a result of a security breach or of viruses, programming errors, sabotage, fraud, errors, negligence, interruptions, defects, delay in operation or transmission, computer or network outages or any other (technical) failure, including, but not limited to loss due to loss of profit, loss of goodwill, data loss, work interruptions, inaccuracy of results or computer failures, even if these too was / were foreseen or even if the DTG Parties were informed or should have known of the possibility of such damage, whether or not arising from an agreement, negligence, risk liability or unlawful act (whether or not wholly or partly as as a result of negligence, force majeure, a telecommunication failure or theft or destruction of the Service).

2. Under no circumstances will the DTG Parties be liable for you or anyone else's loss or damage or injury, including, but not limited to, death or personal injury. In some jurisdictions Exclusion or limitation of incidental or consequential damages is not permitted, so the the above limitation or exclusion is not for you. In no case will the DTG Parties total liability towards you for all damages, losses or causes that exceed the amount of € 0.

3. You agree that in case you suffer any damage or loss or incur any injury such as as a result of the acts or omissions of DTG, the possible damage is not irreparable and not is sufficient to give you the right to demand a legal prohibition on the exploitation of a website, service property, product or other content that is owned or controlled by the DTG Parties and that you are not entitled to development, production, distribution, advertising, or display exploitation of a website-owned product, Service or any other content owned by or is controlled by the DTG to prohibit or withhold parties.

4. DTG is not responsible for the promotions, content, information or data of third parties and you indemnifies us, our directors, officers, employees and agents for all claims and damages arising in any way from a claim against such third parties.

5. You agree that any claim that you have and that arises from the relationship with DTG will be received must be submitted one year after the claim has arisen. Otherwise your claim is time-barred.

Disclaimer

You agree (at the request of DTG) to defend and safeguard the DTG Parties from and against all claims, liabilities, damages, losses, expenses including fees for lawyers that arising from or in any of the following (including as a result of your direct activities on or through the Service or on your behalf)

a. Your violation or alleged violation of these Terms and Conditions;

b. Your violation of any right of third parties, including any right of intellectual property, publicity, confidentiality, property or privacy law;

c. Your violation of laws, rules, regulations, codes, statutes, regulations, or regulations of governmental and semi-governmental bodies including all regulatory, administrative and legislative authorities; or

d. An incorrect representation by you.

You will fully cooperate in the defense of a claim as required by DTG. In case of any matter where compensation is requested from you, DTG reserves the right of exclusive defense of and control over the matter before, and you will under no circumstances settle a claim without prior written permission from DTG.

Invalidity

If a provision of these General Terms and Conditions should prove to be void or ineffective, you remain bound by the other provisions of these General Terms and Conditions. DTG will be the void then replace non-binding provision (s) with a provision that is binding and of which the scope as far as possible is the same as that of the provision (s) to be replaced, taking into account the purpose of these Terms and Conditions.

No legal processing

Waiver of rights by you or DTG can only be effected by a written request to that effect notice. If you or DTG do not exercise their rights under these General Terms and Conditions or postponing the exercise thereof, this cannot be considered as a waiver of that right or of any other law under these Terms and Conditions.

Area restrictions

1. The information provided within the Service is not intended for distribution to or use by natural or legal persons in jurisdictions or countries where such distribution or use would be contrary to the laws or regulations or where it is a requirement that DTG engage in it relevant jurisdiction or country. We reserve the right to change the availability of the Limit the Service or any part of the Service at any time and in its sole discretion to persons, geographical areas or jurisdictions, as well as the offer of any program or product that or limit any content, Service or function that DTG offers.

2. It is prohibited to download, export or re-export software from the Service:

(a) to (or to a citizen or resident of) a country against which the European Union or the United States has imposed a trade embargo or

(b) to persons on the list of 'Specially Designated Nationals' from the US Department of Finance or the 'Table of Deny Orders' from the US Ministry of Commerce or similar list of the European Union. By software that is related to the Download service, you represent and warrant that you are not a citizen or resident of one such a country and does not appear on such a list.

Amendments

1. We have the right to change these Terms and Conditions from time to time in our sole discretion change and update ("Updated Terms").

2. Unless we make changes for legal or administrative reasons, we will provide reasonable observe the deadline to notify before the Updated Terms and Conditions enter into force. You agrees that we will notify you of the Updated Terms by accessing them through the Service and that you use the Service after the effective date of the Updated Terms and Conditions (or by performing an action reasonably to be determined by us) you declare your agreement with the Updated Terms. You must review these Terms and Conditions and any Updated Terms and Conditions therefore read through before you use the Service.

3. The Updated Terms and Conditions enter into force from the time of publication or from one later date that can be specified in the Updated Terms. These conditions will apply from apply to your use of the Service at that time. These Terms and Conditions apply also for all disputes that arise prior to the effective date of the Updated conditions.

4. The General Terms and Conditions also apply to upgrades and updates to the Service which replace and / or supplement the Service, unless this upgrade or update is accompanied by Updated Conditions. In that case, the Updated Terms and Conditions apply.

5. By using the Service, you agree that the Service occasionally upgrades and updates, so that DTG can improve, expand and further develop the Service.

Applicable law and forum choice

1. These General Terms and Conditions and all non-contractual rights and obligations arising therefrom resulting, are governed in all respects by Dutch law.

2. All disputes between you and DTG that may arise as a result of a General Conditions, or agreements that result therefrom, will in the first instance become settled by the competent judge of the Gelderland District Court.

3. The application of the Vienna Sales Convention is expressly excluded.

Privacy policy

We use your data to process your order as quickly and smoothly as possible and to inform you about offers and news of EXIT Toys in case you have selected this option. We do not sell or provide your data to third parties. We make these data available only to third parties that are involved in carrying out your order e.g., our hauliers, etc.

Which personal data do we process?

Dutch Toys Group BV processes your personal data because you use our services and/or because you have provided these data to us. Below is an overview of the personal data that we are allowed to process:

  • Your first and last name
  • Your address
  • Your telephone number
  • Your e-mail address
  • Gender
  • IP address
  • Location data
  • Data about your activities on our website
  • Other personal data you provide in your correspondence and/or contact by telephone

When you send us an e-mail or another message, we can store these. If you participate in a drive or quiz, we use the data provided only for carrying out the drive, for announcing the winner and for measuring the response to our marketing actions.

Exceptional and/or sensitive personal data that we process

Our website is not intended to collect data about website users who are younger than 16, unless their parents or guardian have given us permission. However, we cannot check whether a visitor is older than 16. Therefore, we advise parents to get involved in the online activities of their children in order to prevent that we collect data about children without parental permission. If you suspect that we have collected personal data about a minor without parental permission, please contact us via info@dutchtoysgroup.com we will remove this information.

For which purposes do we collect your data?

The following list states for which purposes we use the provided information. We do not use the information for other purposes, unless you have given us permission in advance.

  • To contact you by e-mail or telephone regarding services or products that you bought.
  • To be able to deliver your order.
  • To inform you by e-mail about the progress of your order.
  • To provide additional information about a product that you bought*
  • To send newsletters to which you have subscribed. You can always unsubscribe via the link at the bottom of the e-mail.
  • To obtain more insight into the use of our website. We do this only with your permission.

* If we receive your e-mail address in connection with the sale of a product or service and you have not opted out and you are not a consumer who has his habitual residence in Poland, we reserve the right to regularly email you offers for products from our product range that are similar to those you have already purchased. This serves the protection of our legitimate interests in promoting and advertising our products to customers that are overriding in the process of balancing of interests. You can opt out of this use of your email address at any time by sending a message to the contact option specified below or by using the opt-out link in the advertising email, without incurring any costs beyond the cost of transfer calculated at the base rates.

How long do we store your data?

We store your data not longer than necessary for the purpose for which they were received or otherwise, maximum for one (1) year. If you will unsubscribe to mails, you will be put on a unsubscribe list and you will no longer receive mails. If you are a customer, the invoices including your data will be handled within a storage period according to the legal obligations.

The aforementioned period shall be valid, unless additional legal obligations oblige us to store the data and/or keep these available for a longer period.

Sharing the personal data with third parties

Dutch Toys Group BV does not sell your personal data to third parties and provides these data only if this is necessary for executing our agreement with you or for complying with a legal obligation. We enter a processing contract with companies that we commission to process your data to ensure the same level of security and confidentiality of your data. Dutch Toys Group BV remains responsible for these processes.

Cookies or similar techniques that we use

Dutch Toys Group BV uses functional, analytical and tracking cookies. A cookie is a small text file that is stored in the browser of your computer, tablet or smartphone when you visit this website for the first time. Dutch Toys Group BV uses cookies that have only a technical functionality. These cookies ensure that the website functions properly and that your preferred settings are remembered, for example. These cookies are also used to have the website functioning properly and to be able to optimise the website. In addition, we place cookies that check your surfing behaviour, so that we can offer you customised content and ads. During your first visit to our website, you are initially informed about these cookies and asked for permission to place them. You can unsubscribe to cookies by setting your Internet browser in such a manner that it no longer stores cookies. Furthermore, you can also remove all previously stored information via the settings of your browser.

Perusing, adjusting or removing the data

You have the right to peruse, correct or remove your personal data. In addition, you have the right to revoke any permission for detail processing or to object to the processing of your personal data by Dutch Toys Group BV and you have the right to data portability. This means that you can request from us to send you or another organisation that you mention the personal data we have in a computer file. You can send a request for perusal, correction, removal, data portability of your personal data, or a request for revoking your permission(s) or objection to the processing of your personal data to info@exittoys.nl. To ensure that it is you who has requested perusal, we ask you to include a copy of your ID card in the request. Do black out your passport photo, the machine readable zone (MRZ / the strip including numbers at the bottom of the passport), the passport number and the Citizen Service Number (Dutch: BSN) to protect your privacy. We will respond to your request as soon as possible but ultimately within four (4) weeks. In addition, Dutch Toys Group BV wants to point out that you have the possibility to submit a complaint to the national supervisor, the Dutch Data Protection Authority.

How do we secure your personal data?

We have taken appropriate measures to secure the personal data against loss or other forms of illegal processing:

  • All your personal data is stored in secure servers in the Netherlands.
  • All your personal data will be sent via a secure SSL connection; you can recognise this by noticing ‘https’ in the address bar and the padlock.
  • All employees of Dutch Toys Group BV who have access to the personal data are trained to deal carefully with your personal data.

Contact

If you have any questions about these Terms and Conditions, you can contact DTG through a send email to info@dutchtoysgroup.com

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