Parents will always remain responsible for the use of the apps on the Rebel Cactus smartwatch by their children and is why you cannot create a new account for TikTok via the smartwatch, only via the parental app. As a parent, always ensure that Family Safety Mode is set.
Article 1 - Definitions
Article 2 - Entrepreneur identity
Article 3 - Applicability
Article 4 - The offer, The product
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer's obligations during the reflection period
Article 8 - Exercising the Consumer's right of withdrawal and the costs of such
Article 9 - Entrepreneur's obligation in case of withdrawal
Article 10 - The price
Article 11 - Compliance and warranty
Article 12 - Shipping and fulfillment
Article 13 - Payment
Article 14 - Reporting a Problem
Article 15 - Dispute resolution
In these Terms and Conditions, the following terms shall have the following meanings:
Reflection period: the period during which the Consumer may use their right of withdrawal;
Consumer: the private individual for whom the product is being ordered solely for their personal use, who will not market, resell or otherwise distribute the product to any third party for commercial purposes and enters into an agreement with the Entrepreneur.
Day: calendar day;
Durable Medium: any instrument which enables the recipient or the Entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of withdrawal: the Consumer's option not to proceed with the distance agreement within the reflection period;
Entrepreneur: the legal entity who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and or services to Consumers at a distance;
Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
Technology for distance communication: the means used for concluding an agreement without the Consumer and the Entrepreneur being together in the same physical place at the same time.
Name of Entrepreneur: Hallofo BV.
Trading under the brand names: Rebel Cactus, Rebelcactus.nl, Rebelcactus.be, Rebelcactus.com, Rebelcactus.cn, Hallofo, Hallofo.nl en Hallofo.be.
Business address: Laan van Kronenburg 14, 1183 AS Amstelveen, The Netherlands
Telephone number and the times at which the Entrepreneur can be reached by telephone:
Monday to Friday from 9.00 to 17.30, phone number +31 (0)79 363 3238
Chamber of Commerce number: 62099345
VAT identification number: NL 8546.49.190.B01
These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract agreed upon by the Entrepreneur and the Consumer.
Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a durable medium. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent at the Consumer's request, free of charge, either via electronic means or otherwise, before concluding the distance contract;
In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favorable to them.
If an offer has a limited duration or if certain conditions apply, this shall be explicitly stated in the offer.
The offer will contain a full and accurate description of the products, digital content and/or services offered. The description will be suitably detailed to enable the Consumer to assess the products, services and/or digital content adequately. If the Entrepreneur makes use of pictures, they will be truthful representations of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
The product: Some Hallofo BV products contain the possibility to access social media apps. The use of social media apps is limited to a minimum age. To activate these apps, the Consumer must be at least 16 years old and must give separate consent. The Entrepreneur can in no way be held liable for the use of the social media apps among minors.
Subject to the provisions in article 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
The Entrepreneur may, within the limits of the law, gather information about Consumer's ability to fulfill their payment obligations, and all facts and factors relevant to responsibly concluding the distance contract.
If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, they are lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
Pertaining to products:
The Consumer can repudiate a purchase contract for a product without giving reasons, for a period of reflection of at least 14 days. The Entrepreneur may inquire about the reason for the withdrawal but cannot force the Consumer to state their reason(s).
The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
In case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
In case an agreement exists pertaining to a recurring delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
Pertaining to digital content and/or services:
The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during a reflection period of least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force them to state their reason(s). The reflection period starts on the day following the date the agreement was entered into.
During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall unpack or use the product only to the extent necessary for establishing the nature, characteristics and effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
The Consumer is only liable for the decrease in value of the product that is caused by handling of the product beyond that discussed in the previous sub-section.
The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
If the Consumer exercises his right of withdrawal, he shall notify the Entrepreneur using the standard return form and within the period of reflection.
The Consumer shall return the product as soon as possible but no later than 14 days after giving official intent to return said item and will deliver it to (the authorized representative of) the Entrepreneur. This need not be done if the Entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packaging and in conformity with reasonable and clear instructions given by the Entrepreneur. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal falls on the Consumer.
Consumers who purchase through the Entrepreneur's web-shop can return products in accordance with the return policy stated on the website (the shipping costs of the return are not reimbursed when using the right of withdrawal within 2 weeks). Consumers who have purchased products at a retail partner, must familiarize themselves with the return policy of that retailer and the return costs associated thereof.
If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
If the Entrepreneur makes the notification of withdrawal possible by electronic means, then they shall promptly send a confirmation of receipt after receiving said notification.
The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may have incurred for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, the Entrepreneur can wait to refund said funds until the returned product is received or until the Consumer proves that they have returned the product, whichever occurs first.
The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to a different method. The reimbursement is free of charge for the Consumer.
If the Consumer opts for a more expensive method of return delivery versus a less costly standard delivery, the Entrepreneur is not obliged to reimburse the additional cost difference between the two.
All prices indicated for products and/or services include VAT.
All products have a legally required warranty of 24 months from the date of invoice. Beware! Damage due to water or other liquids is not covered by the warranty. Damage caused by impacts such as by dropping the product falls beyond the scope of the warranty.
The Entrepreneur shall exercise the best possible care and diligence when receiving and fulfilling product orders as well as when assessing requests for the provision of services.
Items will be delivered to the address given the Entrepreneur by the Consumer. Delivery in the Netherlands, will be executed by PostNL, commissioned by Hallofo BV. Deliveries will be made to the home address of the purchaser or at another delivery address where the order can be received by the purchaser. Delivery is not made to PO box addresses.
With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall fulfill accepted orders as soon as reasonable possible, but within 3 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 7 days after placing an order.
In such cases, the Consumer is entitled to repudiate the contract free of charge.
After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 7 days.
If delivery of an ordered product proves impossible, the Entrepreneur will attempt to provide a replacement article. It will be stated in a clear and comprehensible manner that a replacement item is being delivered, up to the moment the shipment takes place at the latest. Right of withdrawal for replacemnnet items is still in effect. The costs of a possible return shipment are the responsiblity of the Entrepreneur.
The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Payment is made in accordance with the terms and conditions of Hallofo BV. Returns: returns can be made within 14 days after the invoice date in the original packaging. The Entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
When prepayment is required, the Consumer cannot assert any rights whatsoever with regard to the execution of the order or service before the required prepayment has been made.
The Consumer is obliged to report inaccuracies in provided or stated payment details to the Entrepreneur as quickly as possible.
The Entrepreneur will have clear and obvious procedure in place for complaints, and shall handle complaints in accordance with this procedure.
Complaints about the fulfillment of the contract must be submitted to the Entrepreneur within a reasonable time after said defects are perceived, and described clearly and in full.
Complaints submitted to the Entrepreneur will be answered within a period of 14 days from date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur will reply with a confirmation of receipt within said 14 days and give an indication of when the Consumer can expect a more detailed answer.
Disputes between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.