General terms and conditions

General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can make use of their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable medium: Any tool that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: An agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the contract, only one or more techniques for distance communication are used.
Technique for distance communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room.
General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.

 

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a 30-day cooling-off period without stating any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all accessories provided and – if reasonably possible – in the original condition, following the reasonable instructions of the entrepreneur.

 

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms can be electronically accessed and that they will be sent electronically or otherwise free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions shall remain in effect for the remainder, and the provision in question shall be replaced without delay by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms shall be interpreted "in the spirit" of these general terms and conditions.

 

Article 4 – The Offer
If an offer has a limited validity period or is made under certain conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • Any shipping costs;

  • The way the contract will be concluded and which actions are necessary for this;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery and execution of the contract;

  • The period for accepting the offer, or the period during which the entrepreneur guarantees the price;

  • The rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the basic rate;

  • Whether the contract is archived after conclusion and, if so, how it can be consulted by the consumer;

  • The way in which the consumer can check the information provided by them under the contract and, if necessary, correct it;

  • Any other languages in which the contract may be concluded, besides Dutch;

  • The codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes electronically;

  • The minimum duration of the distance contract in case of an ongoing transaction.
    Optional: available sizes, colors, types of materials.

 

Article 5 – The Contract
The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and complies with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has sound reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.
The entrepreneur shall provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
The visiting address of the entrepreneur's business location where the consumer can lodge complaints.
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information on warranties and existing after-sales service.
The data referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement.
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive condition of sufficient availability of the respective products.

 

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 30 days.
This reflection period starts on the day after the product is received by the consumer or a pre-designated representative notified to the entrepreneur.
During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If the consumer wishes to exercise the right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. This must be done via written notice or email.
After the consumer has expressed the wish to use their right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the delivered items were returned on time, for example by means of proof of shipment.
If the consumer has not expressed the wish to use the right of withdrawal after the periods mentioned in paragraphs 2 and 3, and/or has not returned the product to the entrepreneur, the purchase is a fact.

 

Article 7 – Costs in Case of Withdrawal
If the consumer makes use of the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return has been provided.

 

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
That have been created by the entrepreneur in accordance with consumer specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That spoil or age quickly.
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
For single newspapers and magazines.
For media and video recordings and computer software whose seal has been broken by the consumer.
For hygienic products whose seal has been broken by the consumer.

 

Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The link to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within three months after the contract is concluded are only allowed if they are the result of statutory regulations or provisions.
Price increases from three months after the contract is concluded are only allowed if the entrepreneur has stipulated this and:
They are the result of statutory regulations or provisions; or
The consumer has the authority to terminate the contract effective from the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed in the offer, reasonable requirements of soundness and/or usability, and existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Returns must be made in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the factory warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

 

Article 11 – Delivery and Execution
The entrepreneur shall take the greatest possible care when receiving and executing product orders.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement article. At the latest upon delivery, it shall be stated in a clear and comprehensible manner that a replacement item is being delivered.
In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur’s expense.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Long-Term Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate a contract concluded for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a definite period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:

  • terminate the agreements mentioned in the previous paragraphs at any time and shall not be limited to termination at a specific time or during a specific period;

  • terminate them in the same manner as they were entered into;

  • always terminate them with the same notice period that the entrepreneur has stipulated for themselves.

 

Renewal
A contract concluded for a definite period and involving the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
By way of exception, a contract for a definite period involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a period of up to three months, if the consumer can terminate the extended contract by the end of the extension with a notice period of no more than one month.
A contract concluded for a definite period involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the event the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular introduction delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

 

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of a contract for the provision of a service, this term starts after the consumer has received the confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

 

Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur shall respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.