Collectie: ministry of missed children

Terms and conditions

These General Terms and
Conditions consist of two sections. Section 1 contains the General Terms and
Conditions of Goel [‘Goel’] which were drawn up in consultation with the Royal
Academy of Art The Hague [‘Koninklijke Academie van de Kunsten Den Haag’]. As
these General Terms and Conditions do not fully cover all aspects of the legal
relationship between Goel and its clients, provisions supplementing the General
Terms and Conditions are included in section 2.

Section
1

Article
1

Definitions

The following definitions apply
to these General Terms and Conditions:

Client – the parent/carer/adopter
who, as a natural person not acting within the context of his/her practice of a
profession or a business, enters into an agreement to adopt a doll so that it
becomes a member of his or her household and who to a large extent is
maintained by him or her or for whom he or she receives foster parent benefits
under the Youth Care Act.

Adoption agency – the natural
person or legal entity entering into an agreement with the client for the adopting
of a doll.

Parental Involvement – the
involvement of the parents and carers of enrolled children with regard to
matters directly relating to the care of or policy on the care of their
children and relating to the defining or amending of arrangements regarding the
handling of complaints.

Article
2

Applicability

 1. These General Terms and Conditions apply to
the transaction occurring during the adoption process between the client and
the adoption agency.

 2. The childcare agreement will be entered
into between the adoption agency and the client.

3. With the exception of the
signing of the childcare agreement referred to in paragraph 2, each of the
parties is entitled to transfer rights and obligations arising from this
agreement to third parties. In this case the agreement of the other party is
required.

4. Contrary to paragraph 3 of
this Article, the adoption agency does not require the permission of the client
to appoint third parties to collect the information required to fulfil this
transaction; nor does the client require permission from the adoption agency to
appoint third parties to end this information.

Article
3

 Offer

1. The offer will contain the
complete and accurate personal information of the client as it is stated on
their legal documents.

2. In addition to information
as referred to in Article 3, the offer made will state: – the name and age of
the child; the start and duration of the introductory period; – the reasons for
adoption; – the statement that the entrepreneur will treat the data received
confidentially and will not make such information available to third parties
except if required by law.

3. The client must inform the
adoption agency within the reasonable period set by the adoption agency whether
he or she wishes to accept the offer.

4. The offer made will refer to
the application of and be accompanied by a copy of the General Terms and
Conditions.

 5. The offer will be dated and will be
irrevocable during the period prior to the reply deadline. Once the reply
deadline has passed, the offer will be regarded as having expired.

Article
4

 Agreement

1. The agreement, whether
issued in writing or electronically, will come into effect when the client
returns a fully filled in copy of the offer, signed by hand or electronically,
to adoption agent and this is received by the adoption agency. The adoption
agent will confirm the agreement to the client. Returning the signed offer will
also create obligations for the client.

Article
5

 Duration, amendment and termination of the
agreement

1. The agreement will be
entered into once the transaction has
been completed. The criteria for completion are as follows: a fully and
truthfully filled out adoption form; - A passport photo or otherwise clear
picture of your likeness; - a donation to Goel, monetarily or otherwise. Failure to complete the transaction while
the client remains in possession of the doll will be considered stealing.

2. The agreement will be
entered into for the duration of the doll’s childhood at minimum. That is:
until the doll is eighteen years of age and considered a legal adult by the
state and court of law.

3. An agreement will be entered
into for the minimum duration referred to in paragraph 1. Neither party is
entitled to early termination of an agreement of shorter duration, unless
continuation in the given circumstances could not reasonably and fairly be considered
acceptable. In the event of an agreement being entered into for the maximum
duration as referred to in paragraph 1, neither of the parties is entitled to
terminate the agreement or cancel part of the agreed duration. None of the
provisions of this paragraph will affect any of his or her other rights
provided under these General Terms and Conditions.

4. The adoption agency is
entitled to terminate the agreement with immediate effect if a doll has been
adopted without the transaction being completed, unless the parent then completes
the transaction immediately. If such transaction is not completed, the
entrepreneur is entitled and legally required to terminate the adoption
immediately without the client being released from the obligation to complete
the transaction. Immediate termination will not apply if the client proves that
the reason why the transaction could not be completed during the entire period
referred to was attributable to force majeure. Terminating the adoption comes with a €75 (in writing: seventy-five Euros) service fee.

Article
6

Cancellation

Once the agreement has been
signed, the client may cancel the agreement at any time before the starting
date. In such event, cancellation costs of €50
(in writing: fifty Euros)  will be
payable. When making an offer, the adoption agency will inform the client of
the procedure to be followed in such circumstances.

Section
2

Article
7

Payment and legal and/or
extrajudicial costs

1. All legal and/or extrajudicial costs
incurred by the client as a result of or in relation to the client’s failure to
perform obligations under this agreement properly or in time will be borne by
the client.

2. In accordance with the recommendations of
the Voorwerk report the legal and/or extrajudicial costs will be set at two
points of the court-approved scale of costs, which costs will amount, in
accordance with the same Voorwerk report, to a maximum of 15% of the principal
sum and an absolute minimum of EUR 1,500 excluding VAT.

3. Any higher costs reasonably incurred by the
adoption agency in order to collect the claim for legal and/or extrajudicial
costs will also be eligible for reimbursement in this way.

 4. Legal
costs will explicitly not be limited to the assessed court costs, and will be
wholly for the client’s account if the court rules (predominantly) against the
client.

Article 8

 Force majeure

 1. In the event of force majeure the adoption
agency is entitled to suspend performance of the obligations arising from the
agreement for the duration of the force majeure or to dissolve all or part of
the agreement without being liable to pay any compensation.

 2. Force majeure means all circumstances that
could not be foreseen at the time of entering in the agreement and cannot be
attributed to the entrepreneur and which make performance of the agreement
impossible or so difficult that such performance could not reasonably be
expected of the entrepreneur. Force majeure is understood to include events
such as strikes, fire at business premises and natural disasters.

Article
9

Penalties

Stealing, as defined in Article
5.1, will result in the service fee as stated in 5.4 and will be considered
breach of contract. In case of breach of contract, the client will have 30 days
to provide the adoption agency with the required penalties. These penalties
include: the service fee; - a fully and truthfully filled out form as
stipulated in Article 5.1; - return of the doll.

Article
10

Nullity

 If any provision of these General Terms and
Conditions is or is declared void, the other provisions of these General Terms
and Conditions will remain fully in force and the entrepreneur and the client
will consult with each other to agree new provisions to replace the void or
voided ones, while taking account as far as possible of the purpose and meaning
of the void or voided provision.

Article
11

 Internal inconsistency In the event of any
conflict between sections 1 and 2 of these General Terms and Conditions, the
provisions of Section 2 prevail.