General terms and conditions


Article 1: Definitions
In these General Terms and Conditions the following terms shall have the following meanings:

  • Company: the natural or legal person, registered as Mcubes, that offers products or services via the web shop mcubes.nl.
  • Consumer: the natural person who is not acting in the exercise of a profession or business and who purchases a product or service via the web shop.
  • Agreement: the agreement between a consumer and the company that is concluded when the consumer orders a product or service via the web shop.
  • 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 prevail over any other provisions agreed between 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 the event of an error in the price or description of the product, the company has the right to correct the offer and to inform the consumer of this.

Article 4: Price
The price of a product or service is the price that is used at the time of acceptance of the offer by the company. All prices are inclusive of VAT, but exclusive of any shipping costs, unless otherwise stated.

Article 5: Promotions and Discount Codes

  • Promotions: The Company may offer promotions and offers from time to time, including but not limited to discounts, free shipping, or special offers. The terms of these promotions will be posted on the Company's website.
  • Discount codes: Discount codes are temporary and may have specific conditions, such as a minimum spend or a validity period. The consumer must ensure that the discount code is entered correctly during the ordering process in order to qualify for the discount.
  • Discounts on specific items, without a discount code: For certain products, the company may offer temporary discounts that are automatically applied without the need for a discount code. These discounts are specific to the product or promotional period in question 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, so 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 retroactive effect on exchanges
Discounts and promotions are only valid on purchases made during the duration of the promotion. If a product purchased during a promotion is returned or exchanged, the discount cannot be transferred to another order or a product that falls outside the promotion period.

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

The company reserves the right to make a settlement 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 after the invoice date, products are always only sent after final payment of the invoice. Payment can be made via the payment methods offered by the company, including Ideal, Bancontact, credit card payment.

      Article 7: Gift vouchers

      • General use
        Gift cards can be issued and redeemed via the company's web shop. The gift card cannot be exchanged for cash and can only be used for the purchase of products in the web shop.
      • Validity period
        The gift card is valid for a period of 12 months from the date of issue, unless otherwise stated on the card or when purchasing it. After the expiration date, the gift card is no longer valid and can no longer be used.
      • Portability
        Gift cards are not personal and can be used by third parties. The company is not responsible for loss, theft or unauthorized use of the gift card.
      • Residual value
        If the purchase amount is lower than the value of the gift card, the remaining balance will remain available within the validity period. The remaining balance cannot be paid out in cash.
      • Abuse and fraud
        In case of suspected fraud or misuse of gift cards, the company reserves the right to block or not honor a gift card. The company also reserves the right to cancel an order if there is improper use of gift cards.
      • Returns and Refunds
        Products purchased with a gift card can be returned according to the standard return conditions. Any refunds will be given in the form of a new gift card, unless otherwise agreed.
      • Confirmation of issue
        When purchasing a gift card, the consumer receives a digital issue confirmation with the value and validity of the gift card. The consumer is responsible for carefully storing 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, 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 at the first delivery attempt, the shipping company will inform the consumer of this.

      Article 9: Shipping

      • Shipping methods: The company only offers DHL or DPD shipping. The choice of this shipping method is made during the ordering process.
      • Shipping costs: Shipping costs depend on the selected 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 any damage or loss if the package is delivered to an incorrect address provided by the customer. Additional costs resulting from incorrect address information are for the customer. Should an order be returned due to incorrect information provided by the customer, the company may charge costs. Customers can only submit changes to their delivery address before the time of dispatch of their order.
      • Delivery Times: The company will endeavor to dispatch orders within the stated delivery times. 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 is transferred to the consumer at the time the products are delivered to the consumer. If the consumer chooses to have the package delivered to the door or to the neighbors while he or she is not at home, the consumer is responsible for any loss or damage.
      • Unreceived shipments: If a shipment is not received, the consumer must report this to the company as soon as possible. If the consumer indicates that he has not received anything, but there is a notification of delivery (for example via a Track & Trace message or a signature), the consumer must submit a legally valid and signed non-receipt declaration. The company will investigate the situation and, if possible, offer a solution.
      • Loss or misdelivery: The company is not liable for lost or misdelivered packages that have been approved for delivery to an incorrect 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 that may arise from this instruction. Also, if the customer instructs the delivery company to leave the package somewhere (in a safe place, front door, garden, parcel machine or similar) the customer is responsible for the package and any problems or loss that may arise from this instruction.

      • Delivery to a collection point
      1. If the customer chooses to have the order delivered to a collection point, the customer is responsible for collecting the package on time.
      2. If the customer does not collect the package within the time limit set by the carrier (usually 7 to 14 days), the package will be automatically returned to the company.
      3. The company will notify the customer of this and offer the option to resend the package, with additional shipping costs to be paid by the customer.
      4. If the customer does not wish for reshipment, the company will refund the purchase price, minus the original payment/refund costs, shipping costs and any return shipping costs charged by the carrier.
      5. Promotions and offers will not apply to a new order after a package has not been collected.
      • Delivery 'Not at the neighbours': If you do not want your order to be delivered to your neighbours in case you are not at home, select the option 'Not at the neighbours' during checkout.

      Article 10: Termination
      The agreement between the consumer and the company can be terminated by either party. The termination must be in writing, with a notice period of 14 days.

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

      The right of withdrawal does not apply to:

      1. Products that are specially made to measure or personalized.
      2. Sealed products which are not suitable for return for hygiene or health reasons and were unsealed after delivery.
      3. Digital products that are delivered immediately after purchase and for which the consumer has agreed in advance to immediate delivery.

      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 policy applies to all purchases and can be found on our website. Customers must adhere to these return policies when returning products. For specific details on returning items, including the procedure and any costs, please refer to the returns 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 guarantee does not apply to damage caused by normal use, improper use or wear and tear. For specific details about the guarantee of items, including the procedure and any costs, we refer to the page with guarantee and repair information.

      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, e-mail address and payment information. This data is not shared with third parties without the consumer's consent, unless this is necessary for the execution of the order or is 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
      In addition, our website uses cookies to improve the functionality of the website and to optimize the user experience. Cookies are small text files that are stored on your device. We use:

      • Functional cookies : These are necessary for the functioning of the website.
      • Analytical cookies : These provide us with insight into the use of our website and enable us to improve it.
      • Tracking cookies (if applicable): These are used to show personalized advertisements or to track the surfing behavior of users.

      For the placement of certain cookies, such as tracking cookies, we ask for permission in advance via a cookie banner. You can adjust your cookie preferences at any time via the settings of your browser 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 their respective rights holders and are protected by copyright. It is not permitted to reproduce, distribute or otherwise use this content without the Company's prior written consent. 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 may not transfer his or her rights and obligations under this Agreement to a third party without the prior written consent of the Company. In the event of a transfer, the Company will inform the Consumer of the change in a timely manner.

      Article 19: Changes to the General Terms and Conditions
      The company reserves the right to change these general terms and conditions or other conditions on the webshop. Changes will be announced on the company's website. The consumer is advised to regularly check the conditions for any changes. When placing an order after the conditions have been changed, the consumer agrees to the changed 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 by email at info@mcubes.nl or by phone at 0031 (0) 647081281 on weekdays from 09:00 to 17:00. We aim to answer all questions and complaints within 48 hours. Customers are encouraged to provide all relevant information, such as order numbers and details of the issue, in their communication to ensure a quick handling.

      Article 21: Specific Product Information
      The company only offers toys that meet the legal safety standards. It is important that the consumer carefully reads the leaflet and instructions with the toy before using it. Certain products have an age recommendation, the company recommends that toys should not be used by children under the age of three, unless otherwise stated. The consumer is responsible for supervising the use of the toy by children and for ensuring a safe playing environment.

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

      Article 23: Liability
      The company is not liable for damage suffered by the consumer as a result of a shortcoming of the company, unless this shortcoming is the result of intent or gross negligence of the company. Liability is limited to the amount paid by the consumer for the product or service.

      After delivery of the goods to the consumer, all responsibility and liability for the correct use and maintenance of the products passes to the consumer. The company is not liable for damage or injury resulting from incorrect or careless use of the products.

      To the extent permitted by law, the Company excludes all liability not expressly stated in these Terms and Conditions.

      Article 24: Force Majeure
      The company is not liable for damage suffered by the consumer as a result of force majeure. Force majeure is understood to mean 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 the event of force majeure, the company is entitled to suspend the delivery of products and services or to terminate the agreement without the company being obliged to pay damages.

      Article 25: Safety warnings
      The products offered are not suitable for children under 3 years of age, unless otherwise stated. It is recommended that you read the leaflet or instructions for use with each product and be aware of the safety warnings on the packaging or leaflet before using the product. The company is not liable for any damage or injury resulting from improper use of the toy. It is the responsibility of parents and guardians to supervise children when using toys. The company accepts no liability for accidents or injuries resulting from the use of the products.

      Article 26: Sustainability and Environment
      The company strives to operate sustainably 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 shall be borne by the consumer.
      3. The consumer must carefully read and follow the enclosed 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, Abuse and Cancellation

      • Control and Assessment
        The Company reserves the right to check orders and payments for possible fraud or abuse. If there is a suspicion of fraud, abuse, 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 to verify identity and payment details. If the Customer does not comply with such request within a reasonable time, the Company reserves the right to cancel the order and, if applicable, refund the payment to the original payment method.
      • Abuse of Returns Policy and Discounts
      1. The Company reserves the right to refuse returns or partially refund returns if there is suspicion of abuse of the return policy, such as ordering and returning large quantities of products without a valid reason.
      2. Discount promotions and discount codes are intended for normal use by consumers. Abuse, such as repeatedly creating new accounts to use welcome discounts or unlawfully combining discount promotions, may result in 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 of suspicious transactions with payment providers and authorities to prevent and combat fraud.
      • Cancellation of Orders
      1. The Company reserves the right to cancel orders in the event of (technical) errors in pricing, inventory management, or other circumstances that make order fulfillment impossible.
      2. If an order is cancelled, the company will notify the consumer and, if applicable, refund the amount paid to the original payment method.
      3. The Company is not obliged to offer an alternative refund or compensation in the event of cancellation of an order.
      • Customer Liability
        If a customer abuses the system, commits fraudulent acts, or provides incorrect information with the intention of gaining 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 its respective rights holders and are protected by copyright and other intellectual property rights. It is prohibited to copy, distribute, or otherwise use this content without the Company's prior written consent.

      No rights to texts or images:
      Although we do our utmost to provide correct and up-to-date 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 omissions on the website.

          Article 31: Final provisions
          These General Terms and Conditions are governed by Dutch law. Changes to these conditions are only valid if they are recorded in writing. The General Terms and Conditions can be found at mcubes.nl/pages/algemene-voorwaarden. When placing an order, the consumer agrees to the general terms and conditions and all other conditions that apply.