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 exercise their right of withdrawal.
Consumer: A natural person who does not act 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 agreement concerning a series of products and/or services, where the delivery and/or performance obligations are spread over time.
Durable medium: Any medium that allows the consumer or entrepreneur to store information personally addressed 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 cancel the distance agreement within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
Distance agreement: An agreement in which, as part of a system organized by the entrepreneur for distance selling of products and/or services, communication techniques are exclusively used up to and including the conclusion of the agreement.
Communication technique: A means that can be used to conclude an agreement without the consumer and entrepreneur being in the same location at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

 

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if possible, in its original condition, following reasonable instructions provided by the entrepreneur.

 

Article 3 – Applicability
These general terms and conditions apply to any offer by the entrepreneur and to every concluded distance agreement and order between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate that the general terms and conditions can be reviewed at the entrepreneur’s location, and will, upon the consumer’s request, send them free of charge as soon as possible.
If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the consumer can electronically access the general terms and conditions, and will, upon request, send them free of charge electronically or in another manner.
In case specific product or service terms are also applicable in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are fully or partially void or are annulled at any time, the agreement and these terms will remain in effect, and the relevant provision will be replaced immediately by a provision that most closely resembles the original intent.
Situations not regulated by these general terms and conditions will be assessed ‘in the spirit’ of these terms. Any uncertainties regarding the interpretation or content of one or more provisions of our terms should 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 subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these will be 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 serve as grounds for claims for damages or cancellation 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 real colors of the products.
Each offer includes 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:

  • The possible costs of shipping.

  • The manner in which the agreement will be concluded and the actions required for that purpose.

  • Whether or not the right of withdrawal applies.

  • The manner of payment, delivery, and execution of the agreement.

  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price.

  • The communication technique costs if the costs of using the communication technique are calculated on a basis other than the regular basic rate for the communication medium used.

  • Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer.

  • The manner in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement.

  • The possible other languages in which, in addition to Dutch, the agreement can be concluded.

  • The codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically.

  • The minimum duration of the distance agreement in the case of a long-term transaction.

  • Optional: available sizes, colors, types of materials.

 

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set for that.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has reasonable grounds to believe that the agreement should not be entered into, they are entitled to refuse a purchase or request or impose special conditions for its execution.
The entrepreneur will send the following information to the consumer with the product or service, either in writing or in such a way that the consumer can store it on a durable medium in an accessible manner:

  • The address of the entrepreneur’s establishment where the consumer can address complaints.

  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

  • Information on guarantees and existing after-sales service.

  • The information referred to in Article 4(3) of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.

  • The requirements for canceling the agreement if the agreement lasts for more than one year or is of indefinite duration.
    In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every 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 cancel the agreement without providing a reason within 30 days.
This cooling-off period starts on the day after the consumer has received the product, or a representative designated by the consumer, who has been notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging carefully. They may unpack or use the product only as much as necessary to assess whether they want to keep it.
If the consumer uses their right of withdrawal, they must return the product with all delivered accessories, and if reasonably possible, in its original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. This notification must be made in writing or by email.
After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the goods have been returned on time, for example by providing a shipping receipt.
If the consumer fails to notify the entrepreneur of their intent to exercise the right of withdrawal and/or fails to return the product within the specified periods mentioned in paragraphs 2 and 3, the purchase is final.

 

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

 

Article 8 – Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly mentioned this in the offer, at least in time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:

  • Made by the entrepreneur according to the specifications of the consumer.

  • Clearly personal in nature.

  • That cannot be returned due to their nature.

  • That can spoil or age quickly.

  • Whose price is linked to fluctuations in the financial market on which the entrepreneur has no influence.

  • For loose newspapers and magazines.

  • For media and video recordings and computer software where the consumer has broken the seal.

  • For hygiene products where the consumer has broken the seal.

 

Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will 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 linked 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 listed prices are indicative will be mentioned in the offer.
Price increases within three months after the agreement is concluded are only allowed if they result from legal regulations or provisions.
Price increases after three months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

  • They result from legal regulations or provisions.

  • The consumer has the right to cancel the agreement from the day the price increase takes effect.
    All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obligated 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 agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual use 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 had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or in violation of the entrepreneur's instructions and/or the packaging instructions.

  • The defect is wholly or partially the result of government regulations regarding the nature or quality of the applied materials.

 

Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and fulfilling orders for products.
Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will fulfill accepted orders with reasonable 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 be fulfilled or can only be partially fulfilled, the consumer will be informed within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement without costs and may claim any applicable compensation.
In case of cancellation according to the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 30 days after cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. The replacement item will be clearly and understandably communicated to the consumer at the time of delivery.
In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless otherwise agreed.

 

Article 12 – Long-term Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer may cancel an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel an agreement entered into for a fixed period, which provides for the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel the agreements mentioned in the previous paragraphs:

  • At any time, not limited to cancellation at a specific time or within a certain period;

  • At least in the same manner in which they were entered into;

  • Always with the same notice period as the entrepreneur has agreed for themselves.
    Extension
    An agreement entered into for a fixed period, which provides for the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a specific duration.
    In deviation from the previous paragraph, an agreement entered into for a fixed period, which provides for the regular delivery of daily, news, and weekly newspapers and magazines, may be automatically extended for a fixed duration of up to three months, provided the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
    An agreement entered into for a fixed period, which provides for the regular delivery of products or services, may only be automatically extended for an indefinite duration if the consumer may cancel it at any time with a notice period of no more than one month and with a notice period of no more than three months in the case of an agreement providing for the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.
    An agreement for a limited duration providing for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end automatically after the purchase of the trial or introductory period.
    Duration
    If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year, with a notice period of no more than one month, unless fairness and reasonableness oppose cancellation before the end of the agreed period.

 

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(1).
In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

 

Article 14 – Complaints Procedure
Complaints about the execution of the agreement 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 will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, 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
Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
This also applies if the consumer resides abroad.