Terms & Conditions

In these terms, the following definitions apply:

a. Seller: MR Tradingservice B.V., established at Vlasveen 28-6, 9301 PT Roden, Netherlands, registered with the Dutch Chamber of Commerce under number 91945488, VAT number NL865826584B01, trading as Spankmachine.com.

b. Consumer: a natural person not acting in the course of a profession or business.

c. Business buyer: a natural or legal person acting in the course of a profession or business.

d. Buyer: both Consumer and Business buyer.

e. Agreement: any agreement concluded between Seller and Buyer.

f. Products: all goods offered by Seller via Spankmachine.com.

g. Website: Spankmachine.com and all associated subdomains.

h. Cooling-off period: the statutory period during which a Consumer may exercise the right of withdrawal.

2.1 These Terms apply to every offer by Seller and every Agreement concluded between Seller and Buyer.

2.2 Before the Agreement is concluded, the text of these Terms is made available to the Buyer by electronic means in such a way that the Buyer can easily store them on a durable medium.

2.3 Deviations from these Terms are only valid if expressly agreed in writing with Seller.

2.4 If one or more provisions are void or annulled, the remaining provisions shall continue to apply in full.

3.1 If an offer is subject to a limited validity period or specific conditions, this is expressly stated in the offer.

3.2 The offer contains a complete and accurate description of the Products. The description is sufficiently detailed to enable the Buyer to make a proper assessment.

3.3 Images on the Website are a faithful representation of the Products offered. Obvious errors or mistakes in the offer do not bind Seller.

3.4 All images, colour specifications and data in the offer are indicative and cannot give rise to compensation or termination of the Agreement.

4.1 The Agreement is concluded at the moment Buyer accepts the offer and meets the conditions by clicking the order button.

4.2 Seller confirms receipt of acceptance electronically. As long as receipt has not been confirmed, Buyer may dissolve the Agreement.

4.3 Seller may, within legal frameworks, verify whether Buyer can meet payment obligations and any other facts relevant to a responsible conclusion of the Agreement.

4.4 The Agreement may only be concluded by persons aged 18 or over. By placing an order, Buyer declares to be 18 or older.

5.1 All prices on the Website are exclusive of VAT. VAT is calculated at checkout based on the delivery address provided by Buyer and shown before final order placement.

5.2 For Consumers in the European Union, the applicable VAT rate of the country of delivery applies (OSS scheme).

5.3 For Business buyers in another EU member state with a valid VAT identification number, 0% VAT applies (reverse charge mechanism).

5.4 For deliveries outside the EU, no Dutch VAT is charged. Any import duties, VAT and levies in the country of destination are for the account of Buyer, unless DDP shipping has been selected.

5.5 Prices on the Website may be changed. The price at the time of ordering is binding.

5.6 Shipping costs are stated separately during checkout.

6.1 Payment is processed via Buyer's chosen method through payment service provider Mollie B.V. Available payment methods include: iDEAL, Bancontact, credit card (Visa, Mastercard, American Express), SOFORT, EPS, Giropay, Przelewy24, KBC, Belfius, and pay-later via Klarna and Riverty.

6.2 When choosing pay-later via Klarna or Riverty, the additional terms and privacy policy of the relevant provider apply.

6.3 Seller starts processing the order upon successful receipt of payment.

6.4 If payment is not received within the set period, Seller reserves the right to dissolve the Agreement.

7.1 Seller will exercise the greatest possible care in receiving and executing orders.

7.2 The place of delivery is the address provided by Buyer at the time of ordering.

7.3 Indicative delivery times are: European Union 15–25 business days, United States 12–20 business days, United Kingdom 15–25 business days, other countries 18–30 business days. Stated times are indicative and not absolute deadlines.

7.4 If delivery is delayed or an order cannot (fully) be executed, Buyer will be notified within 30 days of placing the order. Buyer then has the right to dissolve the Agreement free of charge.

7.5 In case of dissolution per the previous paragraph, Seller will refund the amount paid by Buyer without delay.

7.6 The risk of damage and/or loss of Products lies with Seller until delivery to Buyer, unless expressly agreed otherwise.

7.7 Shipping is via DPD or FedEx. Track & trace details are provided by email after dispatch.

7.8 All orders are shipped in neutral, unmarked packaging. The outside of the package contains no reference to the contents, the name Spankmachine.com or the nature of the Products.

8.1 Delivered Products remain the property of Seller until Buyer has fully fulfilled all obligations arising from the Agreement, including payment of the purchase price and any costs.

8.2 Buyer may not pledge or otherwise encumber Products subject to retention of title.

9.1 Consumer has the right to dissolve the Agreement without giving reasons within 14 days of receiving the Product. Seller voluntarily extends this cooling-off period to 30 days, subject to the conditions in article 9.2.

9.2 The right of withdrawal and extended cooling-off period are expressly excluded for Products of which the sealed packaging has been opened. This is based on article 6:230p sub f Dutch Civil Code (exclusion for hygiene and health protection reasons).

9.3 During the cooling-off period, Consumer shall handle the Product and packaging with care. Consumer may only unpack or use the Product to the extent necessary to assess its nature and characteristics, without breaking the seal.

9.4 If Consumer exercises the right of withdrawal, this must be reported within the cooling-off period using the model withdrawal form (available on the returns page) or another unambiguous statement by email to contact@spankmachine.com.

9.5 The direct costs of returning the Product are borne by Consumer.

9.6 The Product must be returned within 14 days after notification to: MR Tradingservice B.V., Vlasveen 28-6, 9301 PT Roden, Netherlands.

9.7 After receipt and inspection of the returned Product, Seller will refund the full purchase amount including any delivery costs within 14 days, using the same payment method as Buyer used, unless Consumer expressly agrees to another method.

10.1 Seller warrants that the Products comply with the Agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and the legal provisions in force at the time the Agreement is concluded.

10.2 All Products carry a 24-month manufacturer's warranty from the date of delivery. This warranty does not affect Consumer's statutory rights.

10.3 The warranty covers material and manufacturing defects. Not covered: damage from improper use, normal wear and tear, accidents, unauthorised modifications by Buyer or third parties, and use contrary to the user manual.

10.4 If a Product proves defective, Buyer must notify Seller as soon as possible, but no later than two months after discovery, in writing via contact@spankmachine.com.

11.1 Seller's liability towards Buyer is limited to the amount paid out under Seller's liability insurance in the relevant case, or — if insurance does not pay out — to a maximum of the invoice amount of the relevant Agreement.

11.2 Seller is not liable for indirect damage, including consequential loss, lost profits, missed savings, business interruption damage and immaterial damage.

11.3 Seller is not liable for damage resulting from incorrect or improper use of the Products, or use contrary to the supplied instructions.

11.4 The liability limitations in this article do not apply if the damage is due to intent or gross negligence by Seller or its managerial subordinates.

12.1 In case of force majeure, Seller is not obliged to fulfil any obligation towards Buyer if it is hindered to do so as a result of circumstances not attributable to its fault.

12.2 Force majeure includes all external causes, foreseen or unforeseen, beyond Seller's control, due to which Seller is unable to fulfil its obligations, including but not limited to: strikes, transport problems, fire, government measures, pandemics, and supplier issues.

13.1 For Business buyers, in deviation from the previous articles, additional or different provisions apply as described in this article.

13.2 The right of withdrawal described in article 9 does not apply to Business buyers. Purchases by Business buyers are final and cannot be returned, unless there is a defect or incorrect delivery.

13.3 Complaints about visible defects or incorrect delivery must be reported by Business buyers in writing to Seller within 7 days of receipt, on penalty of forfeiture of rights.

13.4 Seller's liability towards Business buyers is limited to the invoice amount of the relevant Agreement, excluding VAT.

13.5 Seller may agree different price arrangements, payment terms and delivery conditions with Business buyers via a written quotation.

14.1 Complaints about the performance of the Agreement must be submitted within a reasonable time, but no later than 2 months after Buyer discovered the defects, fully and clearly described, to Seller via contact@spankmachine.com or by phone at +31 50 783 69 69.

14.2 Seller aims to respond to complaints within 1 business day with an acknowledgement of receipt. Substantive handling takes place within 14 days of receipt of the complaint.

14.3 If a complaint cannot be resolved by mutual agreement, Consumer may submit disputes to the European Commission's Online Dispute Resolution platform via https://ec.europa.eu/consumers/odr/.

15.1 These Terms and every Agreement between Seller and Buyer are exclusively governed by Dutch law, with the exclusion of the Vienna Sales Convention (CISG).

15.2 Disputes between Seller and Buyer are exclusively submitted to the competent court in the district of Rechtbank Noord-Nederland, locatie Groningen, unless mandatory law provides otherwise. Consumers have the right within one month after Seller has invoked this provision in writing, to choose for the dispute to be settled by the legally competent court.

16.1 Seller reserves the right to amend or supplement these Terms.

16.2 Amendments take effect at the announced time. For Agreements already concluded, the conditions in force at the time of conclusion remain applicable.