Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off Period: the period during which the consumer can exercise his 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 relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable Data Carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the option 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: a contract whereby, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

Means of Distance Communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same space.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

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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 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 can be viewed 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, then in 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 it on a durable data carrier. If this is not reasonably 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 free of charge electronically or by other means upon request by the consumer.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in effect, and the relevant provision will be replaced by mutual agreement without delay by a provision that closely approximates the intent of the original as much as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained '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 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real 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 concerns in particular:

  • The price including taxes; 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 is applicable;
  • The method 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 level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the used means of communication;
  • Whether the agreement will be archived after its conclusion, and if so, in what way it can be accessed by the consumer;
  • The way in which the consumer, before concluding the agreement, can check and if desired correct the data provided by him in the context of the agreement;
  • Any other languages in which the agreement can be concluded besides Dutch;
  • The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract 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 compliance with the conditions set therein.

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 agreement.

If the agreement is concluded electronically, the entrepreneur shall 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 shall take appropriate security measures.

The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse a request or order with reasons or to attach special conditions to the execution.

With the product or service, the entrepreneur shall provide the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  1. The visiting address of the entrepreneur's establishment where the consumer can address complaints;
  2. 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;
  3. The information about guarantees and existing after-sales services;
  4. The data 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

 Article 6 – Right of Withdrawal

Upon purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This reflection period starts on the day after the consumer, or a pre-designated representative known to the entrepreneur, receives the product.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must communicate this through a written message or email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.

If the customer has not expressed his intention to exercise his right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products 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 14 days after the withdrawal. This is subject to the condition that the product has already been received by the retailer or conclusive proof of complete return can be provided.


Article 8 – Exclusion of the right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for 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, at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  1. That have been created by the entrepreneur in accordance with the consumer's specifications;
  2. That are clearly personal in nature;
  3. That cannot be returned due to their nature;
  4. That can spoil or age quickly;
  5. Whose price is dependent on fluctuations in the financial market that the entrepreneur cannot influence;
  1. For single issues of newspapers and magazines;
  2. For audio and video recordings and computer software of which the consumer has broken the seal;
  3. For hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  1. Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  2. Whose delivery has begun with the consumer's explicit consent before the reflection period has expired;
  3. Concerning betting and lotteries.

    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.

    Contrary to the previous provision, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. The fact that any prices mentioned are indicative prices and subject to fluctuations will be stated in the offer.

    Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

    Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

    • They result from legal regulations or provisions; or
    • The consumer has the authority to terminate the agreement from the day the price increase takes effect.

    The prices mentioned in the offer of products or services include VAT.

    All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case 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 ensures that the product is suitable for use other than normal use.

    Any 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 14 days after delivery. The 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 had them repaired and/or modified by third parties;
    • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the entrepreneur's instructions and/or handled on the packaging;
    • The defectiveness is wholly or partly the result of regulations that the government has or will impose 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.

    The consumer's address provided to the company shall be deemed the place of delivery.

    Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders promptly 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 executed in whole or in part, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer shall have the right to dissolve the agreement without incurring any costs and shall be entitled to any damages.

    In the event of dissolution pursuant to the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

    If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

    The risk of damage and/or loss of products shall be borne by the entrepreneur until the moment of delivery to the consumer or a previously designated and disclosed representative of the entrepreneur, unless expressly agreed otherwise.

    Article 12 – Long-Term Transactions: Duration, Termination and Renewal

    Termination

    The consumer may terminate an agreement concluded for an indefinite period and which aims to deliver products regularly (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.

    The consumer may terminate an agreement concluded for a definite period and which aims to deliver products regularly (including electricity) or services at any time at the end of the agreed period, subject to agreed termination rules and a notice period of up to one month.

    The consumer may terminate the agreements mentioned in the preceding paragraphs:

    • At any time and not be limited to termination at a specific time or during a specific period;
    • Terminate at least in the same manner as they were entered into;
    • Always terminate with the same notice period as the entrepreneur has agreed for itself.

     

    Renewal

    An agreement concluded for a definite period and which aims to deliver products regularly (including electricity) or services may not be tacitly renewed or extended for a definite duration.

    Notwithstanding the previous paragraph, an agreement concluded for a definite period and which aims to deliver newspapers, news, and weekly publications, and magazines may be tacitly renewed for a duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.

    An agreement concluded for a definite period and which aims to deliver products or services regularly may only be tacitly renewed for an indefinite duration if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months if the agreement aims to deliver newspapers, news, and weekly publications, and magazines regularly, but less than once a month.

    An agreement with a limited duration for the purpose of delivering newspapers, news, and weekly publications, and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly renewed and shall automatically expire at the end of 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 up to 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 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

    The consumer has the obligation to report inaccuracies in the provided or stated payment details to the entrepreneur without delay.

    In the event of the consumer's default, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously notified to the consumer.

    Article 14 – Complaints Procedure

    Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days 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 a message of receipt and an indication of when the consumer can expect a more detailed answer.

    If the complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution.

    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 option, either replace or repair the delivered products free of charge.

    Article 15 – Disputes

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