General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.

  • Consumer: The natural person who does not act in the course of business or profession and enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Continuous transaction: A distance contract regarding a series of products and/or services, where the delivery and/or acceptance obligations are spread over time.

  • Durable data carrier: Any medium that allows the consumer or entrepreneur to store information personally directed at 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 contract within the cooling-off period.

  • Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.

  • Distance contract: A contract in the context of a distance sales system organized by the entrepreneur for the sale of products and/or services, where communication up to and including the conclusion of the contract is carried out exclusively through one or more remote communication techniques.

  • Remote communication technique: A medium that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same location.

  • 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 contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer must handle the product and its 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, in accordance with reasonable instructions provided by 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 between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, it shall be indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer by electronic means or otherwise free of charge upon request.
In cases where specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs of this article apply correspondingly, and in the case of conflicting general terms and conditions, the consumer may rely on the provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are declared void, the agreement and these terms and conditions shall remain in effect for the remainder, and the relevant provision shall be replaced by a provision that as closely as possible reflects the original intent.
Situations not covered by these general terms and conditions should be assessed in line with the spirit of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted according to 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 contains a full and accurate description of the offered products and/or services. The description is detailed enough 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 be a reason for compensation or contract cancellation.
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 the rights and obligations are that are attached to the acceptance of the offer. This includes, in particular:

  • The possible shipping costs.

  • The method by which the contract will be concluded and what actions are required.

  • 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 within which the entrepreneur guarantees the price.

  • The cost rate for remote communication if the costs for the use of the remote communication technique are calculated on a basis other than the regular base rate for the communication medium used.

  • Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer.

  • The way in which the consumer can check and, if desired, correct the data provided by them before concluding the contract.

  • Any other languages in which, besides Dutch, the contract can be concluded.

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

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

Article 5 – The Contract
The contract is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and complies with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may cancel the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal boundaries, verify whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good grounds to not enter into the contract based on this investigation, they are entitled to refuse an order or application or to impose special conditions on the execution.
The entrepreneur will send the following information along 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 data carrier:

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

  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply.

  • Information about warranties and existing after-sales service.

  • The details mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

  • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
    In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into under the suspensive condition of the availability of the products in question.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the contract without giving any reason within 30 days.
This cooling-off period starts on the day after the consumer or a previously designated representative receives the product.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it.
If the consumer wishes to exercise their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, according to reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. This notice must be provided in writing or by email.
After the consumer has notified the entrepreneur of their intention to withdraw, they must return the product within 30 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.
If the consumer has not notified their intent to withdraw within the time limits mentioned in paragraphs 2 and 3, and/or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in the Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are 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 the withdrawal, provided that the product has been received by the entrepreneur or proof of its complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the 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 stated this in the offer, at least before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

  • Made by the entrepreneur according to the consumer’s specifications.

  • Clearly personal in nature.

  • Which cannot be returned due to their nature.

  • Which can spoil or expire quickly.

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

  • For loose newspapers and magazines.

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

  • 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 will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The dependency on fluctuations and the fact that any listed prices are indicative prices will be stated in the offer.
Price increases within three months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
Price increases after three months following the conclusion of the contract are only allowed if agreed upon by the entrepreneur and:

  • They are the result of legal regulations or provisions.

  • The consumer has the right to terminate the contract as of 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 the event 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 in place at the time the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period provided by 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 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 had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions, mishandled, or treated in violation of the entrepreneur's instructions and/or the instructions on the packaging.

  • The defect is entirely 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 will exercise the utmost care when receiving and executing orders for products.
Subject to the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if an order cannot be fully or partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without incurring any costs and is entitled to any compensation.
In the event of dissolution 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 dissolution.
If the delivery of an ordered product is impossible, the entrepreneur will make efforts to make a replacement item available. At the latest upon delivery, it will be clearly and understandably communicated 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 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 previously designated representative, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that 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 an agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity) or services at any time before the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

  • At any time, without being restricted to termination at a specific time or within a specific period.

  • At least in the same manner as the agreement was entered into by the consumer.

  • Always with the same notice period as the entrepreneur has agreed upon for themselves.

Extension
An agreement entered into for a fixed period and that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period and that involves the regular delivery of daily, weekly, and monthly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement entered into for a fixed period and that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement involves the regular delivery of daily, weekly, and monthly newspapers and magazines less frequently than once a month.
An agreement with a limited duration for the regular delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will automatically terminate after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent 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 days after the start of the reflection period as referred to in Article 6, paragraph 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 obligated to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs, which were communicated to the consumer in advance.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clearly described within seven days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days 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 answer.
If the complaint cannot be resolved through mutual agreement, a dispute will arise, which is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur explicitly states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

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