Compliance and warranty

Da Costa Shop guarantees that the Products fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provision and/or Government regulations.

A warranty by Da Costa Shop, manufacturer or importer does not alter the legal rights and claims that the Client can assert under the agreement with the Da Costa Shop   

If the delivered Product has been produced by a third party, the third party will provide the guarantee, unless indicated otherwise.  

Any defects or wrong products delivered must be reported in writing to Da Costa Shop within 2 months.  After the Client expressed wanting to make use of his right of withdrawal, the client shall return the product within 14 days to the Da Costa Shop. The consumer must prove that the products are returned in a timely manner, for example by means of a proof of mail delivery. Return of the Products must be made in the original packaging and new state.     

The warranty period of Da Costa Shop corresponds to the factory guarantee period. Da Costa Shop is not responsible for the ultimate suitability of the Products for each individual application by the Client, nor for any advice regarding the use or application of the products.     

The guarantee does not apply if:  

  • the delivered goods have been repaired and/or modified by third parties and/or the client;  

  • the delivered goods are exposed to unusual circumstances or otherwise treated carelessly or contrary to the instructions of Da Costa Shop and/or on the packaging; 

  • the inferiorly in whole or in part is the result of rules that the Government has asked or will ask about the nature or quality of the materials used.   

Examination and claims

The Client is obliged to examine the delivered goods at the time of delivery, but in any case within 14 days after the delivery. The Client must examine whether the quality and quantity of the Products comply with what the parties agreed.  

Defects and shortcomings have to be reported within two months after its discovery to Da Costa Shop. The defective product must be returned together with the proof of purchase, unless this is impossible or unreasonably. 

The right to restitution of the price, compensation, reparation or replacement of the Product lapses, if the defects will not be reported within the period of two months, unless the nature of the Product states otherwise or from any circumstances follows that the period should be longer than two months.

If the Client complaints in time, the Client will stay obliged to purchase and pay for the purchased goods, unless these goods have no independent value.   

Complaint Procedure

Da Costa Shop does it’s upmost best to be able to provide you the best service and the best products. Unfortunately there is always a chance that something goes wrong. Da Costa Shop strives for resolving complaints as quickly as possible within reasonable terms.

Therefore Da Costa Shop has a complaint procedure and handles complaints by following the complaint procedure.  

Complaints about the performance of the contract or an order should be fully and clearly described and submitted to Da Costa Shop within 7 days after the client has found the flaws.  

Complaints are handled within 14 days from the date of receipt. If a complaint requires longer processing time, Da Costa Shop will, within the period of 14 days, reply with a message of receipt and an indication when the client can expect a more detailed answer.  

With complaints that cannot be solved in joint consultation, the client has the possibility to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl). Stichting WebwinkelKeur will mediate for free.

If there is no solution after the mediation, the client has the possibility to submit the complaint to Stichting Geschil Online, the decision of Stichting Geschil Online is binding. The client and Da Costa Shop agree with this binding decision. The submission of a dispute to the arbitration are not for free. The client must pay the costs of the arbitration. 

Furthermore residents living in the EU can use the European Dispute resolution website to submit a complaint in order to reach an out-of-court settlement. This website is available on http://ec.europa.eu/odr, but we would advise to contact Stichting WebwinkelKeur first answer.  

Submitting a complaint does not suspend the Da Costa Shop of his obligations, unless Da Costa Shop indicates in written otherwise.  

If the client’s complaint is well-founded, there is the possibility to replace or repair the delivered products for free.   

To initiate a complaint you can send an email to cs@need4toys.eu.