General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The 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.
Continuing performance contract: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows 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 reflection 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 an organized system by the entrepreneur for the remote sale of products and/or services, whereby one or more techniques for distance communication are used exclusively up to and including the conclusion of the agreement.
Technique for distance communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same space at the same time.
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 agreement within a reflection period of 30 days without giving any reason. During the reflection 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 supplied accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.
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 text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, by way of deviation from the previous paragraph and before the distance contract is concluded, 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 where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable 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 annulled, the agreement and these terms and conditions will otherwise remain in effect, and the relevant provision will be replaced promptly by mutual agreement with a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions. Any ambiguities about the interpretation or content of one or more provisions shall also 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 subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. 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 true 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 grounds for compensation or dissolution of the agreement.
Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the colors shown will 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 particularly concerns:
● Any shipping costs;
● The manner in which the agreement will be concluded and what actions are required for this;
● Whether or not the right of withdrawal applies;
● The method of payment, delivery, and performance of the agreement;
● The term for accepting the offer or the period within which the entrepreneur guarantees the price;
● The rate for remote communication if the costs are calculated on a basis other than the basic rate for the communication method used;
● Whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
● How the consumer can check and, if necessary, correct the information provided under the agreement before the conclusion of the contract;
● Any languages other than Dutch in which the agreement can be concluded;
● The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically;
● The minimum duration of the distance contract in the case of a continuous or periodic performance contract.
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 the consumer accepts the offer and fulfills the stated conditions.
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, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic transfer of data and 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 facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur has good reason, based on this inquiry, not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the performance.
The entrepreneur will send the following information with the product or service, in writing or in a way that the consumer can store it on a durable medium:
● The address of the entrepreneur’s business location where the consumer can file complaints;
● The conditions under which and the manner in which the consumer may 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 included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before 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 continuous performance contract, 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 products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 30 days.
This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receipt of the product. The consumer should notify this via written communication or email.
After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the goods have been returned on time, for example by means of a proof of shipment.
If the customer has not indicated that they wish to exercise their 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 final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition is that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be 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 applies only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
● That have been created by the entrepreneur in accordance with the consumer's specifications.
● That are clearly of a personal nature.
● That cannot be returned due to their nature.
● That can 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 audio and video recordings and computer software where the consumer has broken the seal.
● For hygienic 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 subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This linkage to fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
● They are the result of legal regulations or provisions.
● The consumer has the authority to terminate the agreement from the day the price increase takes effect.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing 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 agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, 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 under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, 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 have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or packaging guidelines.
● The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders.
Subject to the provisions of Article 4 of these general terms and conditions, the company 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 fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation, if applicable.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will 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 will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered.
For 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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into 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 an agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, 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 and is not limited to termination at a specific time or during a specific period;
● at least in the same manner as they were entered into by the consumer;
● always with the same notice period that the entrepreneur has stipulated for themselves.
Renewal
An agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
By way of derogation from the previous paragraph, an agreement entered into for a fixed period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement by the end of the renewal period with a notice period of no more than one month.
An agreement entered into for a fixed period and which involves the regular delivery of products or services may only be tacitly extended 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 case of an agreement for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines by way of trial or introduction (trial or introductory subscription) is not tacitly continued and ends automatically 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 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 withdrawal period referred to in Article 6(1).
In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 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 a notice 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 the dispute resolution procedure.
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 their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only 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.