Terms of Use
Terms of Use
Effective Date: These Terms of Use were last revised on Feb 5, 2024.
This Website may provide interactive services, including chatbot and managed chat and session replay technology. By accessing or using any of these features, you agree that we may record and retain a transcript of all communications with you via these interactive tools, and/or may record or recreate your activity while using the Website, in order to provide services, enhance your Website experience, and for quality and verification purposes. We may work with trusted service providers to analyze, store, and/or use this data on our behalf. Your use or access of any of these tools or of our Website is governed by this section and our Privacy Policy.
These terms of use (“Terms of Use”) apply to your use of all websites (“Sites”) owned or operated by KidKraft, Inc. and it subsidiaries and affiliates (“KidKraft”). By using the Sites you agree to be bound by and are bound by the current version of these Terms of Use. KidKraft may revise or delete any portion of these Terms of Use at any time with or without notice and your continued use of the Sites constitutes your agreement to the then-current Terms of Use. The Sites may contain links to other websites, including payment processing websites. KidKraft does not endorse and is not responsible for such other websites and you are responsible for reviewing and complying with such other websites’ terms of use and privacy policies.
For information regarding KidKraft’s privacy practices, please see KidKraft’s privacy policy.
Acceptable Use
The Sites are only intended for your personal use. It is a violation of these Terms of Use for you to, and you agree not to, use the Sites for illegal purposes; copy, sell, resell, or exploit for commercial purposes any portion of the Sites; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of one or more of the Sites; use or attempt to use any device or mechanism to navigate or search the Sites to collect information from the Sites to be used for any commercial purpose; interfere or attempt to interfere with the proper working of one or more of the Sites; reverse engineer or attempt to reverse engineer any of the software comprising or in any way making up a part of the Sites; use any incomplete, false, or inaccurate biographical information or other information for purposes of creating an Account (defined below); use any Site in a manner that is distasteful, offensive or controversial, tortious, or abusive; and/or assist or permit any persons in engaging in any of the activities described above.
Registered User Accounts, Passwords, and Security
Portions of the Sites may require that you register an account with KidKraft (“Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify KidKraft of any unauthorized use of your password or any other breach of security about which you may be aware.
Content Use Agreement
You agree to grant KidKraft use of your image, video or other content by replying to our Instagram or Twitter post with #KidKraftKids or #Agree. You represent and warrant that you own all content or have been granted a license to use the content and that no third party claim for ownership exists. You grant KidKraft a non-exclusive, non-revocable and perpetual commercial right to reproduce the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. Use of your content may include being used alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While KidKraft will make commercially reasonable efforts to give you credit for your content and provide a link back to your Facebook, Instagram or Twitter account when applicable, you agree that such credit is not mandatory and our use of your content is not contingent upon such credit being given.
You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your content or our finished work.
Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Content Use Agreement shall remain in full force and effect. This Content Use Agreement shall be governed by the laws of the state of Texas.
If you don’t agree to these terms, we completely understand and no further action is required. Thanks again and please email us at marketing@kidkraft.com if you have any questions.
Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH KIDKRAFT, YOU MUST SEND WRITTEN NOTICE TO: KIDKRAFT, INC., OFFICE OF GENERAL COUNSEL, 4630 OLIN ROAD DALLAS, TEXAS 75244, TO GIVE YOU AND KIDKRAFT THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND KIDKRAFT SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
Location of Arbitration. Arbitration may take place at any place within the United States that is reasonably convenient for you. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
Severability. IF THE “CLASS ACTION WAIVER” CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THIS ENTIRE ARBITRATION AND CLASS ACTION WAIVER SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT LOCATED IN DALLAS, TEXAS AND YOU AND KIDKRAFT EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
Products and Pricing
All descriptions of products and product pricing on any Site are subject to change at any time without notice and at the sole discretion of KidKraft. The technology you are using to view the Sites may impact the accuracy of the display of any images of products offered on a Site. KidKraft does not warrant that the description of any product on any site or any other content of any Site is accurate, complete, reliable, current, or error-free. Unless expressly stated otherwise in writing, any sale of any product on any Site is intended for end-user customers only and the resale or export of any such product is prohibited.
Intellectual Property
The Sites, all content on the Sites (except the KidKraft Trademarks, defined below) are the property of KidKraft or its licensors (“KidKraft Property”). KidKraft gives you a limited, nonexclusive, revocable, non-assignable, non-sublicensable, non-transferrable, license to use the KidKraft Property for your own personal use. Any other use of the KidKraft property is prohibited. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the KidKraft Property for any purposes.
All trademarks, logos, service marks and trade names of KidKraft are the property of KidKraft (“KidKraft Trademarks”). Any use of the KidKraft Trademarks without KidKraft’s pre-approval in writing is prohibited.
If the functionality is available on a Site, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms and Conditions and does not contain any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such submission, you hereby grant KidKraft a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media.
Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on any Site in a manner that constitutes copyright infringement, please provide KidKraft’s copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on a Site that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to KidKraft’s copyright agent at 4630 Olin Road, Dallas, TX 75244, websiteadministrator@kidkraft.com.
Limitation of Liability
IN NO EVENT WILL KIDKRAFT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD-PARTY PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, YOUR USE OF THE SITES, YOUR ACCESS OR INABILITY TO ACCESS THE SITES, OR ANY PRODUCT PURCHASED ON THE SITES, EVEN IF KIDKRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT WILL KIDKRAFT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR ANY CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR ANY OTHER BASIS EXCEED FIFTY DOLLARS ($50.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, KIDKRAFT’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
THE SITES ARE PROVIDED AS-IS. KIDKRAFT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SITES OR ANY PORTION OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDKRAFT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
Indemnity
You agree to indemnify KidKraft and its officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, made by any third party due or arising out of your use of the Sites or your violation of any rights of any third party.
Arbitration and Class Action Waiver
Binding Individual Arbitration. If you and KidKraft have a dispute that cannot be resolved through negotiation within the time frame described below, other than those matters listed in the “Exclusions From Arbitration” subsection, you and KidKraft agree to seek resolution of the dispute only through binding arbitration, not litigation in any court, of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, KidKraft will pay all filing, American Arbitration Association, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of KidKraft’s last written settlement offer made before an arbitrator was selected (or if KidKraft did not make a settlement offer before an arbitrator was selected), then KidKraft will pay you the amount of the award or $7,500 U.S. Dollars, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. KidKraft waives any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and KidKraft.
Exclusions from Arbitration. YOU AND KIDKRAFT AGREE THAT ANY CLAIM FILED BY YOU OR BY KIDKRAFT IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF USE
Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH KIDKRAFT, YOU MUST SEND WRITTEN NOTICE TO: KIDKRAFT, INC., OFFICE OF GENERAL COUNSEL, 4630 OLIN ROAD DALLAS, TEXAS 75244, TO GIVE YOU AND KIDKRAFT THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND KIDKRAFT SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
Location of Arbitration. Arbitration may take place at any place within the United States that is reasonably convenient for you. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
Severability. IF THE “CLASS ACTION WAIVER” or “ARBITRATION” CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THIS ENTIRE ARBITRATION AND CLASS ACTION WAIVER SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT LOCATED IN DALLAS, TEXAS OR IF YOU ARE LOCATED OUTSIDE THE UNITED STATES OF AMERICA, THE JURISDICTION SHALL BE THE COURT OF YOUR RESIDENCE, AND YOU AND KIDKRAFT EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
Termination
KidKraft may, in its sole discretion, terminate these Terms of Use, your access to the Sites, and/or your Account with or without notice and with or without cause. This Section, the Intellectual Property, Limitation of Liability, Disclaimer of Warranties, Indemnity, Arbitration and Class Action Waiver, and Miscellaneous Sections will survive any termination of these Terms of Use.
Miscellaneous
These Terms of Use are governed by and will be construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. These Terms of Use constitute the entire agreement between KidKraft and you with respect to your use of the Sites. If any portion of these Terms of Use is held invalid, the remaining portions will remain in full force and effect. These Terms of Use may be only modified by (i) KidKraft posting a revised version to the Sites, or (ii) in writing by an authorized KidKraft representative. KidKraft’s failure to enforce any portion of these Terms of Use will not in any way waive KidKraft’s rights to subsequently enforce these Terms of Use.
Notices / Contact KidKraft
KidKraft may contact you by posting a message to the Sites or via any information you submit to KidKraft in registering for your Account. Any notices sent to KidKraft must be by post or electronic mail to KidKraft at 4630 Olin Road, Dallas, TX 75244, websiteadministrator@kidkraft.com.
For any questions about the Sites, you may contact KidKraft at websiteadministrator@kidkraft.com.
Return Policy
Effective Date: This Return Policy was last revised on April 26, 2016.
You may return items purchased through a KidKraft website within 90 days of purchase for a refund in accordance with this return policy (“Return Policy”). This Return Policy is subject to the Terms of Use for the KidKraft website on which you made your purchase. KidKraft will not accept any returns of KidKraft items purchased through other retailers.
ALL RETURNS EXCEPT OF DAMAGED OR DEFECTIVE GOODS ARE SUBJECT TO A 15% RESTOCKING FEEAND DO NOT INCLUDE A REFUND OF SHIPPING COSTS.
If you want to return an item you must:
- Contact KidKraft’s customer service at customerservice@kidkraft.comor by calling Monday-Friday, 8:30am to 5:00pm Central time at 1 (800) 933-0771 in order to obtain a return authorization number (“RA Number”).
- Within 90 days of the date of purchase, return the item to KidKraft in its new, unused condition in the original packaging including any accessories, manuals, and documentation, to the following address:
KidKraft
Returns Processing
KidKraft Netherlands B.V. c/o Schenker International B.V.
Logistiekweg
15928
SG Venlo
The Netherlands
- Include in the return shipment the RA Number and the original packing slip.
KidKraft is not responsible for the cost of the shipping charges for any return or for any damage to the item on return shipment to KidKraft.
Upon receipt of a returned item that complies with this Return Policy, KidKraft will refund your payment, less the restocking fee and any shipping costs, to the original account billed for the item.
In the event that you receive any damaged or defective items, please contact KidKraft’s customer service within 90 days of purchase at customerservice@kidkraft.comor by calling Monday-Friday, 8:30am to 5:00pm Central time at 1 (800) 933-0771, and KidKraft will send you replacement parts at no additional charge. KidKraft reserves the right to request additional information and/or images. KidKraft further reserves the right to request that you return the damaged or defective items upon receipt of the replacement items in order to avoid being charged for such replacement items.
This Return Policy is subject to change without notice. The version of this Return Policy in effect at the time of your purchase will govern your purchase. KidKraft recommends you print or otherwise retain a copy of this Return Policy at the time of your purchase.
TERMS AND CONDITIONS FOR ONLINE SALES IN THE EU AND THE USE OF THE KIDKRAFT WEBSITES
This Website is intended for customers wishing to order KidKraft products (“Products”), and/or use services, features and applications offered thereon (“Service” or “Services”). The Terms & Conditions under which the Products and Services are offered for sale on the Websites which are aimed at the EU, are set out below. By ticking the “I have read and agree” box on the order form and submitting the order, you accept and agree to be bound by these Terms & Conditions. The terms of use of the Websites of KidKraft aimed at EU countries, are also set out below. By using this Website, you accept and agree to be bound by these Terms of Use.
KidKraft reserves the right to change these Terms & Conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before posting of such revised terms and conditions on the Website. These Terms & Conditions are not applicable to any agreements concluded with business partners.
ARTICLE 1–IDENTITY OF THE ENTREPRENEUR
KidKraft,
Olympisch Stadion 8
1076DE Amsterdam,
The Netherlands
Telephone number: +31 (0) 20 305 8620
8:30am – 5:00pm CST
[E-mail}
Number of the Chamber of Commerce: […]
VAT number: […]
ARTICLE 2–THE ORDER AND AGREEMENT
- To place an order on the Website, you must be 18 years of age or over, be accessible by telephone and have a valid email address.
- By placing an order, you make an offer to us to purchase the Products or Services you have selected on these Terms & Conditions. You unconditionally accept the prices and descriptions of the items offered for sale, KidKraft may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. However, orders submitted by you are binding on you and cannot be cancelled after order submission,as well as these Terms & Conditions. As long as KidKraft has not acknowledged your Order to you by mailing a shipping confirmation to the email address you specified in your Order, no agreement has been concluded.
- Should KidKraft not accept your order, any payment already made will be repaid into your bank account or credit card company from which this payment came.
- We may email you if the ordered Products are unavailable, allowing you to choose whether to wait until the item becomes available or to cancel your Order.
- Shown and/or supplied samples and models and also statements of measurements and other descriptions in brochures, promotion material or social media of KidKraft are as accurate as possible, but are only for illustration purposes in order to assist customers in recognizing our Products. The actual colours, sizes and dimensions of our Products may differ. We may change the designs, colours, qualities, dimensions, specifications and/or descriptions of any items displayed on our Website without prior notice.
ARTICLE 3–PRICE
- The prices mentioned for the offered Products and Services are in euros including VAT.
- Prices shall be those prices published on the Website at the time you submit your order, except in case of an obvious error. Prices on our Website may differ from those charged elsewhere. If a pricing error is obvious and reasonably recognizable as a mistake, we are under no obligation to provide the incorrectly priced item to you at that price, even if we have already sent a confirmation showing the incorrect price.
- Unless agreed otherwise, prices do not include shipping and handling, gift wrapping or personalisation fees, all of which we reserve the right to price at our sole discretion and change without notice. The applicable costs will be displayed during the checkout process and added to your total cost before you confirm your order.
- KidKraft explicitly reserves the right to change prices, in particular but not exclusively when that is necessary on the basis of (legal) provisions.
- KidKraft Gift Codes are charged without VAT regardless of location across all of our Websites.
ARTICLE 4–PAYMENT
- Payments must be made by the method you have selected during the checkout process. After you successfully placed an order, you receive a confirmation e‑mail stating the total costs, including shipping costs.
- Payment must be made at the time of placing your Order by submitting your payment details to a third party payment processor we specify.
- All card transactions may be subject to validation checks and authorization by the card issuer. Blocked or false cards cannot be used. If the card issuer or any applicable third party refuses to authorize payment, we are not liable for any non-delivery or delay. If a payment cannot be processed, you are advised to contact your card issuer to resolve any problems with your card before resubmitting your payment.
- You warrant that you are legally entitled and authorized to use any payment method you selected; that any information, you provide is true, accurate and complete; and that you agree to pay, and authorize us and any payment providers we use to process your Order to charge you using any payment method you have selected, the full cost due for your Order at the time of payment. Wehave the right to verify the identity of the credit card holder by requesting appropriate documentation.
- If we do not receive full payment from you through our payment processor, you agree to pay all amounts due upon demand. If your payment cannot be processed, or we suspect fraudulent activity, we reserve the right to cancel or reject your Order. We will only dispatch the ordered Products or provide the ordered Services, after receipt of the full payment.
- All Products remain KidKraft’s property until KidKraft has received full payment, including all costs.
ARTICLE 5-DELIVERY
- Orders may be delivered to the locations mentioned on our Website.We will deliver the Products to the delivery address you have specified on the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. We reserve the right to choose how any Product is packed and delivered, unless you choose and pay for an optional upgraded service, in which case any upgrade will apply as stipulated in the order. We reserve the right to add, remove or change any delivery methods or upgrades we may offer at any time without prior notice.
- Any delivery or shipment dates given by KidKraft are best estimates only and KidKraft shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. In the event any of the Products ordered are out of stock, this may mean the whole order is delayed. If so, an estimate of the delay will be given by email or post, but delivery shall in any case be made within thirty (30) days as of the date indicated on the order confirmation by KidKraft. An order may and will be cancelled if we have failed to make delivery within 30 days of the original order date and if we fail to meet any agreed extended term for delivery. Any payments already made shall be fully refunded.
- Title to and risk of loss of your Products will pass to you upon delivery of the Products.
- If you are not at home at the time of delivery, you can collect the parcel at a designated pick-up point or there may be another attempt to deliver the parcel as indicated by the delivery service. If the parcel is not collected within the period indicated by the delivery service, the parcel may be sent back to us and the order will be cancelled. KidKraft will pay back the purchase amount minus the return shipment charges.
- We endeavour to deliver your Order at once but may also deliver your Order in instalments.
- If a shipment is recorded as delivered by the delivery service, it shall be deemed final and conclusive evidence that you received and accepted the shipment. If another person accepts the delivery on your behalf, the shipment shall be deemed to be delivered and it is your sole responsibility to recover the shipment from that person.
- If delivery is returned or refused due to any reason, other than rejection of a damaged shipment, you may be charged a return fee covering storage and/or return shipment costs.
- You must examine the Products upon delivery for any errors, imperfections or damage. You must report the noticed errors, imperfections or damage to us by e-mail within 14 days after receipt.
ARTICLE 6–RETURNS, EXCHANGES AND REFUNDS
- You may return the Product for any reason to KidKraft or cancel the entitlement to Services and obtain a refund of the price of the returned Product (except gift wrapping or personalization costs and any such other charges) or service entitlement provided that you contact KidKraft within fourteen (14) calendar days after the day you received the Products or entitlement to Services. If this term expires on a non-working day in your country, the deadline is extended till the next working day. This right to return the purchase for a full refund does not apply if a Products which is a personal hygiene product been used. Furthermore, please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
- For the purpose you may use the “EU Withdrawal Form”, annexed to these Terms & Conditions. You may inform us in another form about the cancellation of your purchase. You must dispatch the Products to be returned with the packing list immediately, and in any event within fourteen (14) days after informing us about the cancellation. You have to pay the costs for the return shipment.
- We shall refund all payment received from you relating to the returned Product, within 14 days after the day you informed us of your decision to return the Products. We shall instruct the bank or credit card company that was used when the original order was placed, to return the amount already paid (including the standard shipping costs) to you. Any higher shipping costs for the original shipment from KidKraft to you that you chose at checkout, rather than the least costly method of standard delivery offered by KIDKRAFT, will not be compensated. Alternately, you may elect to receive a Gift Code from us covering the full value. You shall be liable for any diminished value of the returned Product resulting from your handling of the Products, other than what is reasonably necessary to judge the Products.
- If you receive a defective, damaged or wrong Product, you may request it to be exchanged for a new version of the same Product up to two (2) months after the date you receive it. A condition for this right to exchange, you must return the Product in its original packaging with all components and a copy of the delivery note and a genuine receipt or proof of purchase. If you have returned the ordered Products, you may exchange them for a different Product or get back the purchase amount including the shipping charges paid to KidKraft, this with observance of the provisions in paragraph 6. If you keep part of your Order, you will only be repaid the purchase price of the returned Products and not the shipping charges.
ARTICLE 7-WARRANTIES
- KidKraft ensures that the products and/or services are in accordance with the agreement, the specifications as mentioned on the website and applicable laws and regulations. KidKraft ensures that the product and services shall meet reasonable expectations customer may have on the usability.
ARTICLE 8–LIABILITY
- These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of support and warranty services) and the performance of any Services.
- Save as set out at article 8, there are no warranties, conditions or other terms that are binding on KidKraft regarding the supply of Products or the provision of Services. Any warranty or other claim arising out of or in connection with the delivery of Products and/or the provision of Services which might otherwise be implied into or incorporated in our contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, KidKraft will not be responsible for ensuring that the Products are suitable for your purposes.
- Nothing in the contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable mandatory national laws as to title or (iv) any liability which cannot be excluded by law.
- As far as permitted by the applicable law, KidKraft will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. As far as permitted by the applicable law, the maximum aggregate liability of KidKraft whether in tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to KidKraft in respect of the Product(s) and/or Services in question.
- None of the above affects your statutory rights as a consumer, nor your right to return the Products as set out in article 6.
ARTICLE 9-PERSONAL DATA
KIDKRAFT may store, process and use the data collected from you during the ordering process. These data will be treated in accordance with the KidKraft Privacy Statement which is available by clicking on the button “Privacy Statement” in the footer of this Website. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from KidKraft please follow the update procedure set forth in the KidKraft’s Privacy Statement.
ARTICLE 10-KIDKRAFT GIFT CODE
- The KidKraft Gift Codes are only redeemable on our Website and only for merchandise. Except to the extent required by law, Gift Codes are one-time use only and cannot be cancelled, returned, redeemed for cash or reloaded once issued and cannot be used and may be voided if used to purchase other Gift Code, transferred or resold.
- Acceptance of any KidKraft Gift Code constitutes acceptance of these Terms & Conditions.
- Ownership and risk of loss of Gift Code passes to the purchaser as soon as the purchase is confirmed. KidKraft will not replace and is not responsible for lost or stolen Gift Codes.
- Gift Codes do not expire and do not have maintenance fees.
- Gift Codes will be emailed to the email address supplied by the purchaser.
- We may offer an ability to include a personalised message when sending a Gift Code, which may be limited to a certain length. We do not read every message, but we reserve the right to change or cancel them if in our sole determination, we deem any content to be objectionable, offensive or inappropriate in any way.
- A Gift Code can be redeemed by entering its code in the appropriate location during the checkout process and the amount of the card will be deducted from the total cost of your Order. If the total cost of your Order are more than the value of your Gift Code, you are responsible for paying the remaining cost of your Order. As Gift Codes cannot be reused, any remaining balance will be forfeited upon placing your Order.
- If you need any assistance or have any problems with your purchase, ownership or use of your Gift Code, please [contact us].
- If a Gift Code is non-functional, your sole remedy and our sole liability shall be the replacement of the Gift Code.
ARTICLE 11-PROMOTIONS AND DISCOUNT CODES
- Any contests, free trials, discounts, giveaways or other promotions (“Promotions”) made available through our Website may be governed by rules that supersede these Terms & Conditions and the Privacy Statement of our Website. You are responsible for reviewing any applicable rules and policies of these Promotions.
- Promotions and discount codes from third party sources are invalid and may be declined.
- KidKraft at its sole and final discretion reserves the right to cancel, rescind, limit, restrict in any way or modify Promotions, and/or decline and cancel Orders placed with discount codes, without prior notice at any time and for any reason (to the fullest extent permitted by law).
- Promotions and discount codes have no cash value, cannot be redeemed for cash, are limited to one per Order, are only valid for one use and cannot be combined with any other offers.
- Promotions and discount codes are invalid on dates outside of any stated validity period and are only valid on our Website.
- Discount codes will expire 30 days after their date of issue unless another redemption period is expressly specified.
ARTICLE 12–COMPLAINTS PROCEDURE
- KIDKRAFT has a sufficiently publicized complaints procedure and will handle complaints in accordance with this complaints procedure. In the event of complaints a consumer must first turn to KidKraft(info@KidKraft.com). A complaint does not give you to right to suspend any of your obligations towards us.
- Complaints about the performance of the agreement must be submitted to KidKraft completely and clearly described, within a reasonable period after you have discovered the defects. Complaints submitted to KidKraft will be answered within a period of 14 days counting from the date of receipt. If a complaint demands a foreseeable longer processing time, KidKraft will answer within the period of 14 days with acknowledgement of receipt and an indication when you may expect a more extensive answer. You will give KidKraft in any event 4 weeks’ time to solve the complaint in consultation. You may also submit your complaint inline via the ODR Platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN).
ARTICLE 13–APPLICABLE LAW AND DISPUTE PROCEDURE
- If you are a consumer, the laws of the country where you live, govern all rights, obligations, offers, orders and agreements to which these conditions apply. If you are not a consumer, the laws of the Netherlands, govern all rights, obligations, offers, orders and agreements to which these conditions apply and the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
- Whenever any dispute arises between KidKraft and you, each party agrees to first inform the other party in writing and make best efforts negotiate to resolve the dispute amicably before pursuing other means to end the dispute or pursue claims.
- Any unresolved legal actions regarding Orders arising from or relating to the subject matter of these Terms & Conditions shall be governed by the exclusive jurisdiction according to the applicable law.
- The law of your residence may also be applicable as far as mandatory legal consumer regulations are concerned.
ARTICLE 14–MISCELLANEOUS
- If during a short or longer time, whether or not tacitly, deviations from these Terms & Conditions have been allowed by KidKraft, this will leave intact its rights to demand direct and strict observance of these Terms & Conditions as yet. You can never derive any right from the fact that KidKraft applies these Terms & Conditions flexibly.
- If one or more of the provisions of these Terms & Conditions or any other agreement with KidKraft is contrary to any applicable statutory provision and/or to any extent found to be prohibited, invalid, ineffective or unenforceable for any reason, the relevant provision will be annulled and it will be replaced with a provision that is valid and enforceable that comes closest to expressing the intention of such provision, so that these Terms & Conditions will otherwise remain in full force and enforceable. The same shall apply in the case of any error or omission in these Terms & Conditions. The invalidity or unenforceability of any provision of these Terms & Conditions shall not adversely affect the validity or enforceability of the remaining provisions.
- Under no circumstances may any person or entity distribute, resell or stock our Products, or create a reasonable impression that they do. We reserve the right to stop and/or prosecute unauthorised purchasing, reselling and/or unauthorised access to restricted areas of our Website to the fullest extent of the law.
- KidKraft will make every effort to perform its obligations under the contract. However, KidKraft cannot be held responsible for failure to perform if such failure is caused by any circumstances beyond our reasonable control.
- The English version prevails whenever there is a discrepancy between translations of any content on the Website, including these Terms & Conditions. Other translations are for convenience only, have no legal force and their accuracy is not guaranteed.
In accordance with French Environmental Code:
CITEO: UIN - FR208706_01JQPS
SCRELEC: UIN - N° : FR028506_06JKAI
Ecomobilier: UIN - FR029926_10HDZA