Terms and Conditions

Terms and Conditions – Taboo Toys

Article 1 – Definitions

In these terms and conditions:

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

  • Consumer: a natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur.

  • Distance Contract: an agreement concluded within a system for the distance sale of products/services organized by the entrepreneur, using only distance communication.

  • Means of Distance Communication: any method that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.

  • Reflection Period: the period during which the consumer may exercise their right of withdrawal.

  • Right of Withdrawal: the consumer’s right to dissolve the distance contract during the reflection period.

  • Day: calendar day.

  • Ongoing Contract: a contract for the regular supply of goods/services over time.

  • Durable Medium: any tool that enables the consumer or entrepreneur to store information in a way that allows future consultation and unchanged reproduction.

Article 2 – Identity of the Entrepreneur

Trade Name: Hismith erotic trade BV
Business Address: Energieweg 47, 2382ND Zoeterwoude, Netherlands
VAT Number: NL859385085B01
Chamber of Commerce Number: 73172111

Article 3 – Applicability

These terms and conditions apply to every offer and distance contract between the entrepreneur and consumer.

Before concluding a distance contract, the consumer will be provided with these terms. If not reasonably possible, a reference to the location where the terms can be viewed will be given and sent free of charge upon request.

For electronic contracts, the terms will be supplied in a manner that allows storage and later access.

In case of additional product or service conditions, these apply alongside these terms, and the consumer may invoke the most favorable applicable condition in case of contradiction.

Article 4 – The Offer

  • Offers with limited validity or special conditions will state so clearly.

  • Descriptions of products/services are complete and accurate. Images used are true representations.

  • Obvious errors do not bind the entrepreneur.

  • Offers on the website are non-binding.

Each offer clearly states:

  • Total price including taxes

  • Delivery costs

  • Method of contract conclusion

  • Applicability of withdrawal rights

  • Payment, delivery, and execution methods

  • Offer validity period

  • Access to archived contracts (if applicable)

  • How to correct errors before contract completion

  • Available languages

  • Codes of conduct the entrepreneur adheres to

  • Contract duration in case of subscriptions

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and meets its conditions.

Upon electronic acceptance, the entrepreneur confirms receipt without delay.

The entrepreneur secures electronic transactions and, where applicable, checks consumer’s creditworthiness. If necessary, the entrepreneur may reject orders with justification.

After agreement conclusion, the entrepreneur provides:

  • Business contact details

  • Right of withdrawal or exclusion info

  • After-sales service and warranties

  • Pricing and delivery details

  • Cancellation terms for ongoing contracts

  • Withdrawal form (if applicable)

Article 6 – Right of Withdrawal

For Products:
The consumer may withdraw from the purchase within 14 days without giving reasons. The period begins the day after receipt of the product or the final product in a multiple-item order.

For Services & Digital Content (non-physical):
The consumer may cancel within 14 days of agreement without giving reasons.

Article 7 – Consumer Obligations During the Reflection Period

The consumer must handle the product and packaging carefully and only inspect it as would be allowed in a physical store.

They are liable for any reduction in value due to handling beyond what is permitted unless the entrepreneur failed to inform them properly about the right of withdrawal.

Article 8 – Exercising the Right of Withdrawal

To withdraw, the consumer must notify the entrepreneur clearly (e.g., using the withdrawal form).

Products must be returned within 14 days of notification. The consumer bears the return cost unless agreed otherwise.

Products must be returned with all accessories, preferably in original packaging.

Article 9 – Entrepreneur Obligations Upon Withdrawal

  • Upon receiving a withdrawal request, the entrepreneur sends an acknowledgment.

  • Refunds (including delivery fees) will be made within 14 days of notice but may be delayed until receipt of goods or proof of return.

  • Refunds use the same payment method unless otherwise agreed.

  • Extra delivery costs for non-standard shipping are not refunded.

Article 10 – Exclusion of Right of Withdrawal

Withdrawal rights do not apply for:

  • Custom-made or personalized products

  • Perishable goods

  • Sealed items not suitable for return for hygiene reasons, once unsealed

  • Digital content not on a tangible medium, if delivery began with prior consent

  • Fully performed services with prior consent

  • Time-specific leisure, transport, accommodation, or catering services

  • Newspapers/magazines (except subscriptions)

Article 11 – Pricing

  • Prices are fixed during the offer period, except for VAT changes.

  • Variable pricing applies for market-dependent products, with clear mention.

  • Price increases within 3 months are only allowed if legally mandated.

  • All listed prices include VAT.

Article 12 – Conformity and Guarantee

Products/services must conform to the agreement and meet reasonable expectations for quality and usability.

Any additional manufacturer/importer guarantees do not affect consumer legal rights.

Article 13 – Delivery and Performance

Orders are delivered to the address provided by the consumer.

The entrepreneur strives to deliver within 30 days. Delays or impossibility will be communicated promptly. In such cases, the consumer may cancel the contract.

If a product is unavailable, a suitable replacement may be offered.

Risk of damage or loss transfers to the consumer upon delivery.

Article 14 – Duration, Cancellation, and Renewal of Ongoing Contracts

Cancellation:

  • Consumers may cancel indefinite contracts at any time with a notice of one month.

  • Fixed-term contracts may be cancelled at the end of the term with one month’s notice.

Renewal:

  • Fixed-term contracts cannot be renewed automatically, except for newspapers/magazines for up to three months.

  • Indefinite renewals allow cancellation at any time with one month’s notice (three months for infrequent publications).

Long-Term Contracts: Contracts longer than one year can be terminated by the consumer after one year with one month’s notice.

Article 15 – Payment

Unless agreed otherwise, payment is due within 14 days of product delivery or service invoice.

Advance payments may not exceed 50%.

The consumer must report any inaccuracies in payment information immediately.

Non-payment may lead to reasonable collection costs, communicated in advance.

Article 16 – Complaints Procedure

Complaints must be submitted clearly and in a timely manner using:

👉 https://www.taboo-toys.eu/pages/contact

Complaints are addressed within 14 days. If more time is needed, an acknowledgment with a resolution timeline will be sent.

Article 17 – Intellectual Property

The buyer acknowledges that all intellectual property related to products, website content, and communications remains with Taboo-toys.com, its suppliers, or licensors.

Article 18 – Personal Data

Taboo-toys.com processes personal data in accordance with its Privacy Policy and applicable data protection laws.

Article 19 – Governing Law and Jurisdiction

All agreements and offers are governed exclusively by Dutch law. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 20 – External Links

The Taboo-toys.com website may include links to third-party websites or ads. Taboo-toys.com is not responsible for their privacy policies or content.

Article 21 – Your Rights

You can request information about your stored data or request corrections by emailing Taboo-toys.com. You can also opt out of future communications at any time.

Article 22 – Additional or Deviating Provisions

Additional or deviating provisions must not disadvantage the consumer and must be documented in writing or on a durable medium accessible to the consumer.