Terms & Conditions / Privacy policy

TOSHY® B.V – Last date of modification: September 2020

1. General
2. Terms of sale
3. Price and payment
4. Delivery
5. Return
6. Quality and imperfections
7. Website use
8. Applicable law and jurisdiction
9. Disclaimer

 

1. General

Please read these Terms and Conditions carefully before ordering goods from www.toshy.art. By using the Website and/or placing an order on the Website you confirm that you have read the Terms and Conditions and accept them. If you have any queries about purchasing a product, an original or a print, or are unsure how the terms and conditions may apply to your order or if you experience any problems with the website please contact Customer Service. (service@toshy.art).

We may change the Terms and Conditions from time to time without notice. You are responsible for keeping updated with changes in the Terms and Conditions. Please note that the Terms and Conditions, that are valid for your order, are always the Terms and Conditions in effect as of the time you place your order, and not a later version. 

2. Terms of sale

By placing an order you are offering to purchase an item on and subject to the Terms and Conditions. All orders are subject to availability and confirmation of the order price.

Eligibility to order

To purchase goods at Toshy.art You must be at least 18 years old, be a consumer (not a reseller) and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order at Toshy.art you undertake that all details you provide to us are true and accurate. We reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:

  • Your payment details are incorrect or cannot be verified
  • If we suspect any fraudulent activity
  • The product ordered is unavailable from stock
  • We have the reason to believe that you are under the age of 18
  • The identification of an error within the product information, including price or promotion

If we are unable to deliver within accordance to the terms in the confirmation, we will contact you and give you the opportunity to cancel the order. If we have already received payment, we will refund you the amount.

Order confirmation

When you place an order on our Website, we will send you an order confirmation by email. Please note that the confirmation email is an acknowledgement that we have received your order, but it is not an acceptance of your order.

Once you have checked out and have received your order confirmation email, neither you nor we will be able to make any changes to your order, so please make sure that everything is correct.

Acceptance and shipping confirmation

All orders placed by you are subject to acceptance by us. Once the order has been processed, a shipping confirmation email will be sent out to you with all relevant information about your order. The shipping confirmation is our acceptance of your order.

Quality of products

We aim to describe the item(s) on the Website as correctly as possible. However, as a result of different image acquisition, display technologies or other technical reasons, minor differences in colour and other variations in item(s) are possible. Toshy® cannot be held responsible for any such discrepancy.

 

3. Price and payment

Price

The prices shown on the Website include Dutch VAT of 21%. Prices are quoted in Euro (EUR) and do not include service, payment or delivery.

The prices shown on the Website may vary from time to time. Toshy® is not bound by the price until Toshy® has accepted the order by sending the shipping confirmation to you. Toshy® reserves the right to change, limit or terminate any special offers or discounts at any time. Please note that the prices between our physical stores and the Website may vary.

Price changes

We always try and ensure that all prices on the Website are accurate, however errors may occur. If we discover an error in the price of any item(s) which you have ordered, we will notify you by email about the price change and give you the option to reconfirm your order at the correct price or cancel the order. If we are unable to contact you, your order will be cancelled. Toshy® reserves the right to cancel any order prior to our acceptance of the order. If we have already received payment for a cancelled order, we will refund you the amount of the purchase. We are not able to compensate price differences with placing orders or returns.

1. Payment Terms

  1. Toshy accepts the following methods of payment: iDeal, bank transfer, credit card, debit card, cash or PayPal but can make exceptions in an individual case at its own discretion. Payment details and instruction can be found on the invoice. All payments are processed by a third-party payment provider. Customer acknowledges that such third party uses its own terms and conditions, privacy policy and other legal documents, which Toshy does not control. Any charges pertaining payment methods are included in the total Purchase Price.
  2. For in Studio purchases, the payment terms will be communicated with the customer upon acceptance of the order. For purchases via the Website, customers are obliged to pay the amount due during the order process.
  3. Customer agrees to receive electronic invoices.
  4. In the event the (online) payment process cannot be completed for any reason whatsoever, the order process will be cancelled.
  5. In the event of non-payment after the sale has been completed and your order has been confirmed, You are in default without further notice of default being required. Toshy reserves the right to involve a debt collector in the event of non-payment and to take further legal action.

2. Retention of ownership and title

  1. Until full payment of the Purchase Price is received in the designated bank account by Toshy , Toshy remains the sole and legal owner of the Items, regardless of whether or not the aforementioned Items are already in your possession. Customer guarantees to take utmost care of Items which were not paid for fully and guarantees that such Items will be returned to Toshy according to Toshy ’s return policy. In the event of termination of the Agreement the legal ownership of the Items immediately reverts to Toshy .

3. Shipping Costs, Taxes and additional costs

  1. Shipping costs for non-fragile and non regular products will be separately mentioned before the order is placed.
  2. Toshy reserves the right to charge additional costs for custom crates and/or shipping costs for fragile Items, unsual sizes and/or packing material after the order is placed. Customers will be informed with an estimate of such additional costs before Toshy accepts and confirms the order.
  3. Where needed, Toshy is allowed to add taxes as an additional charge if required under the applicable law and customers will be notified of such charges before the order is confirmed.
  4. Customers are solely responsible to pay any applicable import taxes when shipping outside the Netherlands. Toshy advises you to check your import laws and regulations yourself before ordering from us.

 

Payments

We accept payments with iDeal, Maestro, Bancontact, Mastercard, Visa, Diners Discover.

When paying by card you will be asked for the card number, its period of validity and the CVC code. We make use of MasterCard Secure Code and SSL encryption, which prevent unauthorized access to card details. We do not store card numbers after the transaction has been completed. For more information you can take a look at our Privacy Policy.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorize payment, then you will be notified immediately at the checkout.

Tax

Please note that local charges (customs duty, sales tax) may apply, depending on your region and local customs duties. The charges are at your own expense.

 

4. Delivery

Shipping details

Shipping rates are applied per order. The exact shipping rates depend on the country to which your order is being delivered. All packages are insured and have a tracking number so the package can be tracked. This tracking number will be shared in the shipping confirmation email. Unless otherwise indicated, purchased Items will be delivered to the address mentioned in Your Order Confirmation.

  1. For any personalized, customized, commissioned, framed, fragile artworks and/or products, Toshy customer service will contact you about the expected delivery time.Once the Items have been handed to the shipping service, Toshy will send an email to the customer with a notification of dispatch and expected delivery time.
  2. In the event the delivered order as described in the order confirmation is not complete or incorrect, please immediately notify customer service (webshop@toshy.art) and we will use its reasonable efforts to contact You within 48 hours to discuss the issue at hand.

 

5. Return

Right to withdrawal

To exercise the right of withdrawal, you must inform us about your decision to withdraw from the contract by an unequivocal statement (e.g. letter sent by email). We will start to process your order as soon as it is submitted, we might not be able to prevent the shipment. Exceptions can be made only if we haven’t send you the shipping confirmation yet, so please contact us if you would like to cancel your order to see if there is a possibility to cancel (webshop@toshy.art).

The Right of withdrawal does not apply to the following items:

  • Personalised and/or signed Items;
  • Original Artworks which have produced upon request of the Customer;
  • Commissioned artworks. 
  • Items produced on demand

Right of return

We can only accept returns from purchases made directly from Toshy® through our official website toshy-dot-art. If you purchased an artwork or product from an external gallery or reseller please contact your gallery, reseller. If you purchased an Item from another third party, Toshy® is not obliged to honour your request for withdrawal.

  • You cannot return items that have been purchased at our physical stores.
  • You cannot return items damaged at your place while or after unboxing
  • We don’t accept items that have been worn or used, items that have become damaged because of improper use, or items returned after the 14-day period.

We don’t accept items that have been worn or used, items that have become damaged because of improper use, or items returned after the 14-day period.

If you wish to return art or product items (read section “Definitions”) purchased from Toshy® they must be returned within 14 days of receipt for a refund. Without exception you are responsible for ensuring the item(s) are returned without damage and in their original state to Toshy®. Delivery charges are not refunded. Toshy® will refund the cost of the item in full, however, please note that if you paid for the item using PayPal, PayPal may charge you for return of funds and any charge incurred is not covered by Toshy®.

In the unlikely event there is an issue with the quality of the product or it is not the product ordered, we will endeavor to resolve the situation to your satisfaction as quickly as possible. Please contact us to explain your specific queries and agree a course of action.

How to return your item.

  1. Please send back the Items purchased including the box and all original packing no later than 14 days from the day on which your Sales Agreement was cancelled. Customers must be able to prove that the Items were returned within the applicable 14 day-period.
  2. All returned Items must be adequately packed to avoid damage during transport.
  3. If You are sending back fragile Items, please contact Customer Service to enquire about adequate insurance and packing instructions. Please note that the customer is responsible for the transport until Toshy® receives the returned Item in the Studio.
  4. Please send returned Items to the following address:
  • Toshy B.V.
  • Oranjeboomplein 13
  • 4812 AJ Breda
  • The Netherlands
  1. Customers must be able to provide written proof of shipment of the returned Items to Toshy® via a trustworthy carrier (e.g. track and trace, freight letters) and the costs thereof. If Toshy® has not received the returned Item, customers must prove the Item was returned correctly and Toshy®, at its sole discretion, will determine the preferred course of action in such case.
  2. Toshy® reserves the right to charge repair costs if the returned Item has been damaged during the return transport.

Unfortunately we do not offer free returns or returns in store/studio. You will be responsible for the postal costs of your return. Please keep a proof of postage until we confirm that your return has been delivered to us. Please note that you are responsible for the product until it reaches us, so we recommend you to send the package with a traceable service.

For any questions about your order or return, please contact customer Service: webshop@toshy.art  

Return label

Notify us by email webshop@toshy.art about your returns, we will email you a return label. 

:

TOSHY BV

Attn: Webshop
Oranjeboomplein 13
4812 AJ Breda
The Netherlands

 

Refund information

We will refund you within 14 days after processing your return, using the same payment method you used to place your original order.

 

5. Quality and imperfections

Before we ship our products we check them in detail. We aim to deliver our items in the best possible quality and protecting package. Direct daylight, sunlight and liquids can cause damage, loss of colour and/or change of colour of the Artworks. Not all artworks are varnished. Be careful with your artwork. Keep your artwork away from direct sunlight and liquids. Our fashion products can contain irregularities and imperfections caused by the weaving production process.

If you believe you have a warranty claim concerning an online purchase, please contact Customer Service. Send them an email and include your original order number, photos of the suspected fault and a brief description of the claim. They will decide whether the damage is the result of a manufacturing defect or deviation from factory specifications. If they determine that you have a claim the item(s) will be refunded.

Warranty of Authenticity

Upon request, Toshy will provide you with a Certificate of Authenticity signed by Toshy. Please note that Toshy cannot warrant the authenticity of artworks and/or products purchases outside this website and/ or through unauthorized galleries.
Orignal artworks (paint on canvas, paint on paper, screenprints, photoprints) will be delieverd with a certificate of authenticity (A & B).

 

7. Website use

Errors, inaccuracies and omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges and availability. At any time and without prior notice, we reserve the right to correct any errors, inaccuracies or omissions; change or update information; or cancel orders if any information is inaccurate.

Intellectual property rights

All elements on the Website are owned by or licensed to Wonderland BV – Breda, The Netherlands. All elements of the Website including (but not limited to) the general design and the content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights.

We love social media, don’t you? But we have some rules

To protect our Intellectual Property Rights we want you to respect and understand our copyrights. We love it when you share images of the Artworks on your personal Social Media Channels and you are allowed to do this but please dont forget to tag  us @toshy.art  and use the hashtags #toshy #toshyart. As you might know Toshy is very active in Social Media himself and if you tag him, he probably will respond to you.

  1. Prohibited actions

You are strictly prohibited to publish and/or to reproduce including but not limited to the following actions: to modify, duplicate, publish, adapt, copy, sell, offer, make available, replicate, plagiarize, reproduce, in any form, decompile, or otherwise extract Content and/or source code from the Website, the Products and/or the Artworks. You agree to fully hold harmless and fully indemnify Klibansky and/or the Artist as defined in Art. 13 of these Terms and Conditions.

  1. Press request

If You wish to use any Content of the Website in a press article, blog item about the Artist and/or Klibansky, please contact Customer Service. You agree to comply with the requested manner of crediting the Artist and copyright owner(s) of the relevant Content.

Limitation of liability

Toshy® will not be liable for any indirect, direct, additional or consequential damages that may result from the use or content of our Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website; the performance of the products; or otherwise arising in connection with the use of these Terms and Conditions, even if Toshy® has

Privacy Policy

This Privacy Policy governs the manner in which Toshy® collects, uses, maintains and discloses information collected from users (“User”) of the www.toshy.art website (“Site”). This privacy policy applies to the Site and all products and services offered by Toshy®. This website does not collect any personal information othis than that entered by those purchasing products. Any information provided to purchase a product is solely used for that purpose and is not disclosed to any third party. Credit card details are only retained as required by the processing company to demonstrate approval for the transaction was provided by clients. This website uses Google analytics to record information about site usage. 

Personal identification information

Toshy® B.V., is responsible for collecting, processing and using personal identification information under applicable data protection law.

We only store and process personal data that each User voluntarily submit to us; such as by filling in a contact form, subscribing to the newsletter, making a purchase and/ or any other activities, services, features or resources we make available on our Site.

Users may, however, visit our website anonymously and they can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Collecting non-personal identification information

Toshy may collect non-personal identification information about users whenever they interact with our site. Non-personal identification information may include the browser name, the type of computer and technical information about users means of connection to our site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site uses cookies for overall purposes of functionality, web statistics, sales and marketing. These services sometimes require third party cookies delivered by our online marketing partners. For measuring online performance and to optimize sales we use the following series: Facebookpixel, Google Analytics, Google Adwords, Google Tag Manager.

Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. Please be aware that if you do not accept cookies when visiting www.toshy.art, it can affect your purchase experience.

How we use collected information

Toshy® collects and uses users personal information for the following purposes:

  • To improve customer service 
  • To functional run the WordPress website and CMS
  • To run a Facebook data connection cookies placed by Facebook for the following applications: facebook pixel, facebook impressions, facebook custom audience, facebook exchange (FBX) and Facebook Connect.
  • To use the Woocommerce Ecommerce add on for WordPress that provides e-commerce functionality such as a shopping cart
  • PHP sessions for technical functionality
  • We gather data to analyse and provide statistics of our website (Google Analytics)
  • To respond more effectively to your customer service requests and support needs
  • To improve our website

To send periodic emails The email address users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list (Newsletter), they will receive emails that may include company news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or user may contact us via our service email; service@toshy.art.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

All stored data that is not used within 1,5 year will be automatically deleted from our database and will not be used for any purposes.  

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others.

We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

User rights

Each User has the right to request information about the stored personal data at any time. As well as the right to get a copy of your data transferred to you or to another party and the right to correct, block or delete this data.  

Please contact our Customer Service to get access to your personal data:

Toshy® B.V.

Oranjeboomplein 13

4812 AJ Breda

The Netherlands

E: webshop@toshy.art

Compliance with children’s online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 16, and no part of our website is structured to attract anyone under 16.

Changes to this privacy policy

Toshy® has the discretion to update this privacy policy at any time. When we do, revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

8. Applicable law and jurisdiction

These Terms and Conditions are in accordance with the laws of the Netherlands. In the event of a dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch Courts.

 

9. Disclaimer

If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email at info@toshy.nl. 

Disclaimers for www.toshy.art

All the information on this website – www.toshy.art – is published in good faith and for general information purpose only. www.toshy.art does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (www.toshy.art), is strictly at your own risk. www.toshy.art will not be liable for any losses and/or damages in connection with the use of our website.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information. 

Consent

By using our website, you hereby consent to our disclaimer and agree to its terms.

Update

Should we update, amend or make any changes to this document, those changes will be prominently posted here.

 

Terms & Conditions TOSHY® 

Day: February 4 – 2021

 

Registered address:

Toshy B.V (HQ)
Oranjeboomplein 13, 4812 AJ – Breda
The Netherlands

Telephone number: +31 (0)6 535 84104 phone hours from
Monday to Friday 9.30 am-5.30 pm (CET)

Email address: webshop@toshy.art
Chamber of Commerce number: 74225219
VAT registration number: 

 

 

Copyright  – Toshy® – 2021

 

We like to answer your questions.

Can I return any item?

You have the right to return purchased items within 14 days, without giving any reason.You cannot return items that have been purchased at physical stores or are commissioned artworks.

You can can return items as long as all original packaging with pricing, labels and hangtags are intact.
All item(s) must be returned in the original packaging to protect their form.
Toshy® reserves the right to reject returns sent or communicated beyond the return period limit, or items which are not in the same condition in which they were received.

Unfortunately we do not offer free returns or returns in store. You will be responsible for the postal costs of your return.

Are your products sustainable?

Toshy creates artworks for a lifetime. His art has a collecting purpose and is created to enjoy for many years. Our scarfs, fashion and other products are produced in Europe. We avoid long distance (overseas) productions. We only work with sustainable producers and suppliers. We prefer a nore expensive, better quality and  higher sustainable value above cheap, low quality and less sustainable. 

We don't produce big stock quantities. Our fashion products are produced on demand or in small stock quantities. For this reason it can take some time to produce and ship it to you. But hey, why not wait a few more days when you know it was made just for you?

The world is your stage, we try to make it more sustainable.

 

Can Toshy create an artwork for me?

Toshy loves to create commissioned art for you. Send us your wishes, needs and budget by E-mail. 

Send us your inquiry at: connect@toshy.art

 

Can I visit the art studio?

Toshy is mostly very busy but if possible he likes to host interested people in his art studio in Breda or in his office workspace in Rotterdam. Are you interested in an appointment please contact us by E-mail; connect@toshy.art

 

In what country do you produce?

In our search for suppliers and manufactures we select on: price, quality and sustainability. 

We love local production, if possible we do our production in The Netherlands. If not possible in The Netherlands we prefer Italy, Spain, Portugal or the rest of Europe. For sustainable reasons we try to avoid long distance production (Outside Europe).

Our productpages inform you about the country of production. 

Can I exchange any item?

Currently we do not offer exchanges. If you would like a different size or colour (when fashion), you have to return the incorrect items and place a new order for the right ones. 

Can I track my order?

As soon as your order has been processed you will get an email with your track & trace information. 

How long will it take for my order to arrive?

When we received your order we try to ship available orders within 48 hours. Printed fashion, framed (screen)prints, canvases and objects take up to 10 working days to be printed, packed and framed in our studio. You should generally allow 1-5 days for your order to arrive domestically. On the each productpage you'll find specific information. We'll inform you about the shipping status.

If you need something urgently please send an email to our friendly team. If you have any questions about your order, don't hesitate to contact us at
webshop@toshy.art

Do you collaborate with brands?

Toshy is always into collaborations with strong, modern brands with a vision. We love to talk to you about your ideas. We are used to collaborate in productdevelopment, live performances, customizing products, limited and unlimted Toshy collections etc. Please contact us by E-mail; connect@toshy.art

Do you ship worldwide?

We sent our products over to other countries and use transits by MyParcel for all our international orders. Overseas shipping of art objects, art on canvas and framed art needs a different approach and takes more time, preperation, special package (crating) than art on paper. Packing will often be custom made and we will contact you about the price and delivery in advance.

Who does all your artwork?

All artworks are created by Toshy himself and all artworks are created for its surface, size, material and purpose. Toshy likes to have it all original.

I have a store, can I be a reseller?

We love to work with resellers. If you have the same passion for quality, our art and cool products please contact our team at: connect@toshy.art

Who is the owner of the intellectual property licenses?

All of Toshy' quotes, designs, photography, video, music, artworks, texts and other creations are protected and owned by Wonderland BV - Breda The Netherlands.

What are the terms in general?

Please read these Terms and Conditions carefully before ordering goods from www.toshy.art. By using the Website and/or placing an order on the Website you confirm that you have read the Terms and Conditions and accept them.

We may change the Terms and Conditions from time to time without notice. You are responsible for keeping updated with changes in the Terms and Conditions. Please note that the Terms and Conditions, that are valid for your order, are always the Terms and Conditions in effect as of the time you place your order, and not a later version.

If you experience any problems with the website, your order placed on the website or questions about the Terms and Conditions please contact Customer Service.

You can find our terms here

 

Registered address:

Toshy B.V (HQ)
Oranjeboomplein 13, 4812AJ - Breda
The Netherlands

Email address: webshop@toshy.art
Chamber of Commerce number: 74225219
VAT registration number:

Wat are the terms of sale?

By placing an order you are offering to purchase an item on and subject to the Terms and Conditions. All orders are subject to availability and confirmation of the order price.

Eligibility to order

You must be at least 18 years old to purchase goods on the website, be a consumer (not a reseller) and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you undertake that all details you provide to us are true and accurate. We reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:

  • Your payment details are incorrect or cannot be verified
  • If we suspect any fraudulent activity
  • The product ordered is unavailable from stock
  • We have the reason to believe that you are under the age of 18
  • The identification of an error within the product information, including price or promotion

If we are unable to deliver within accordance to the terms in the confirmation, we will contact you and give you the opportunity to cancel the order. If we have already received payment, we will refund you the amount.

Order confirmation

When you place an order on our Website, we will send you an order confirmation by email. Please note that the confirmation email is an acknowledgement that we have received your order, but it is not an acceptance of your order.

Once you have checked out and have received your order confirmation email, neither you nor we will be able to make any changes to your order, so please make sure that everything is correct.

Acceptance and shipping confirmation

All orders placed by you are subject to acceptance by us. Once the order has been processed, a shipping confirmation email will be sent out to you with all relevant information about your order. The shipping confirmation is our acceptance of your order.

Quality of products

We aim to describe the item(s) on the Website as correctly as possible. However, as a result of different image acquisition, display technologies or other technical reasons, minor differences in colour and other variations in item(s) are possible. Toshy® cannot be held responsible for any such discrepancy.

What about price and payments?

Price

The prices shown on the Website include Dutch VAT of 21%. Prices are quoted in Euro (EUR) and do not include service, payment or delivery.

The prices shown on the Website may vary from time to time. Toshy® is not bound by the price until Toshy® has accepted the order by sending the shipping confirmation to you. Toshy® reserves the right to change, limit or terminate any special offers or discounts at any time. Please note that the prices between our physical stores and the Website may vary.

Price changes

We always try and ensure that all prices on the Website are accurate, however errors may occur. If we discover an error in the price of any item(s) which you have ordered, we will notify you by email about the price change and give you the option to reconfirm your order at the correct price or cancel the order. If we are unable to contact you, your order will be cancelled. Toshy® reserves the right to cancel any order prior to our acceptance of the order. If we have already received payment for a cancelled order, we will refund you the amount of the purchase. We are not able to compensate price differences with placing orders or returns.

Payments

We accept payments with iDeal, Maestro, Bancontact, Mastercard, Visa, Diners Discove, PayPall.

When paying by card you will be asked for the card number, its period of validity and the CVC code. We make use of MasterCard Secure Code and SSL encryption, which prevent unauthorized access to card details. We do not store card numbers after the transaction has been completed. For more information you can take a look at our Privacy Policy.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorize payment, then you will be notified immediately at the checkout.

Tax

Please note that local charges (customs duty, sales tax) may apply, depending on your region and local customs duties. The charges are at your own expense.

How to use Toshy.art and copyrights

Errors, inaccuracies and omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges and availability. At any time and without prior notice, we reserve the right to correct any errors, inaccuracies or omissions; change or update information; or cancel orders if any information is inaccurate.

Intellectual property rights

All elements on the Website are owned by or licensed to Wonderland BV - Breda, The Netherlands. All elements of the Website including (but not limited to) the general design and the content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights.

Limitation of liability

Toshy® will not be liable for any indirect, direct, additional or consequential damages that may result from the use or content of our Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website; the performance of the products; or otherwise arising in connection with the use of these Terms and Conditions.

Privacy Policy

This Privacy Policy governs the manner in which Toshy® collects, uses, maintains and discloses information collected from users (“User”) of the www.toshy.art website (“Site”). This privacy policy applies to the Site and all products and services offered by Toshy®.

Personal identification information

Toshy® B.V., Oranjeboomplein 13, 4812AJ, The Netherlands, is responsible for collecting, processing and using personal identification information under applicable data protection law.

We only store and process personal data that each User voluntarily submit to us; such as by filling in a contact form, subscribe to the newsletter, making a purchase and/ or any other activities, services, features or resources we make available on our Site.

Users may, however, visit our Site anonymously and they can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site uses cookies for overall purposes of functionality, web statistics, sales and marketing. These services sometimes require third party cookies delivered by our online marketing partners. For measuring online performance and to optimize sales we use the following series: Facebookpixel, Google Analytics, Google Adwords, Google Tag Manager.

User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. Please be aware that if you do not accept cookies when visiting www.toshy.art, it can affect your purchase experience.

How we use collected information

Toshy® collects and uses Users personal information for the following purposes:

To improve customer service 

To respond more effectively to your customer service requests and support needs

To improve our Site

To improve our website offerings based on the information and feedback we receive from you

To send periodic emails The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

All stored data that is not used within 1,5 year will be automatically deleted from our database and will not be used for any purposes.  

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others.

We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

User rights

Each User has the right to request information about the stored personal data at any time. As well as the right to get a copy of your data transferred to you or to another party and the right to correct, block or delete this data.  

Please contact our Customer Service to get access to your personal data:

Toshy® B.V.

Oranjeboomplein 13
4812 AJ Breda
The Netherlands

T: +31(0)6 535 84104
E: info@toshy.art

Compliance with children’s online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 16, and no part of our website is structured to attract anyone under 16.

Changes to this privacy policy

Toshy® has the discretion to update this privacy policy at any time. When we do, revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Applicable law and jurisdiction

These Terms and Conditions are in accordance with the laws of the Netherlands. In the event of a dispute or claim associated with these Terms and Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch Courts.