Terms & Conditions

General Terms and Conditions Tottino Europe BV

Article 1 – Applicability

1. These general terms and conditions apply to all distance (sale) agreements concluded between Tottino Europe BV, legally established in Rotterdam, hereinafter referred to as the “seller,” and the consumer, hereinafter referred to as the “buyer.”

2. By placing an order, the buyer unconditionally agrees to these general terms and conditions, unless explicitly agreed otherwise in writing.

3. Deviations from these general terms and conditions are only valid if confirmed in writing by the seller.

Article 2 – Definitions
For the purposes of these terms and conditions:

1. Consumer (you): a natural person who enters into an agreement for purposes outside his or her trade, business, or profession (Article 1:1 Dutch Civil Code).

2. Distance (sale) agreement: any agreement between the seller and the buyer concerning the purchase of goods that is concluded entirely using distance communication, as referred to in Articles 6:230m et seq. of the Dutch Civil Code.

Article 3 – Prices, Payment Terms, and Shipping Costs

1. All prices listed on the website and in the catalog include VAT and any packaging costs, unless explicitly stated otherwise.

2. Shipping costs are as follows:

   • Within the Netherlands: €6.95–€9.95 via UPS (www.ups.nl).

   • Belgium, Denmark, Germany, France, United Kingdom, Hungary, Luxembourg, Austria, Poland, and the Czech Republic: €9.95–€14.75.

   • Other European countries: €14.75–€25.00.

3. Payment must be made via the payment methods offered by the seller and is due at the time of ordering.

4. In case of late payment, the buyer is in default without notice of default and owes interest in accordance with Article 6:119a Dutch Civil Code.

Article 4 – Delivery and Risk

1. The seller strives to deliver the ordered goods within 2–5 business days after receipt of the order, unless otherwise indicated. This timeframe is indicative and not binding.

2. The risk of loss or damage to the goods transfers to the buyer upon delivery, unless delivery is legally arranged otherwise.

3. If delivery is not possible, the buyer has the right to receive a full refund of amounts paid within 30 days.

4. The buyer’s personal data will be treated confidentially and not disclosed to third parties, in accordance with applicable privacy laws (GDPR).

Article 5 – Right of Withdrawal and Returns Policy

1. Due to COVID-19-related guidelines of the Dutch National Institute for Public Health and the Environment (RIVM), it is temporarily not possible to return goods; the statutory right of withdrawal (Articles 6:230m et seq. Dutch Civil Code) is therefore temporarily limited.

2. Returns of the following goods are not accepted under any circumstances:

   • 1

   • 2

   • 3

   • 4

   • 5

   • 6

3. For other goods, where the right of withdrawal applies:

   • The 14-day period starts on the day the goods are received.

   • Return shipping costs are borne by the buyer, unless otherwise agreed.

   • The seller will refund the amount paid by the buyer within 30 days after withdrawal.

   • The right of withdrawal does not apply to goods that have been used by the buyer and are no longer suitable for resale for hygienic reasons, goods manufactured at the buyer’s request or goods with a personal character, or perishable or rapidly deteriorating goods.

4. Damaged or incomplete returns may result in a deduction of the value of the goods.

Article 6 – Defects and Warranty

1. If delivered goods are defective, the buyer may report this in writing within 7 days of receipt and request a replacement or repaired product.

2. During the replacement or repair period, the agreement cannot be terminated.

3. If the defect persists after replacement or repair, the buyer may terminate the agreement within 14 days and request a refund of the amount paid.

4. The seller is not liable for consequential damages arising from defects in the goods, except in cases of intent or gross negligence.

Article 7 – Complaints Procedure

1. Complaints regarding delivery or the products must be submitted in writing to info@Tottino.eu within 7 days of discovery.

2. The seller will respond substantively within 14 days and provide an appropriate solution.

Article 8 – Retention of Title
All delivered goods remain the property of the seller until the buyer has fully met all payment obligations under the agreement (Article 3:92 Dutch Civil Code).

Article 9 – Interest and Collection Costs

1. In case of late payment, the buyer owes statutory interest in accordance with Article 6:119 Dutch Civil Code.

2. All extrajudicial collection costs, including attorney and court fees, are borne by the buyer, with a minimum of 15% of the outstanding amount.

Article 10 – Applicable Law and Disputes

1. All agreements between the seller and the buyer are exclusively governed by Dutch law.

2. Disputes will be submitted exclusively to the competent court in the Netherlands, unless mandatory law provides otherwise.