General terms and conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer may exercise 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 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 consumer’s option to withdraw from the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.

Distance contract: A contract whereby, within the framework 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 to conclude a contract without the consumer and entrepreneur being simultaneously present in the same room.

Terms and Conditions: These 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 reasons. 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 delivered accessories and, where possible, in its original condition, in accordance with the reasonable instructions of the entrepreneur.

Article 3 – Applicability

These 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 terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the terms and conditions can be inspected 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, the text of these terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, 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, it shall be indicated before the distance contract is concluded where the terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting 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 terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall immediately be replaced by mutual agreement with a provision that approximates the purpose of the original as closely as possible.

Situations not regulated in these terms and conditions shall be assessed “in the spirit” of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this shall be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer.

If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious 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 dissolution of the contract.

Images of products are a truthful representation of the products offered. 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 accepting the offer. This concerns in particular:

• Any shipping costs.
• The manner in which the contract will be concluded and which actions are required 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 amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used.
• Whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer.
• The way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in the context of the contract.
• Any other languages in which, in addition to Dutch, the contract can be concluded.
• The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
• 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 Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated 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 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 secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The entrepreneur shall send 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 establishment where the consumer can submit 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 about warranties and existing after-sales service.
• The information included in Article 4 paragraph 3 of these terms and conditions, 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 long-term transaction, the provision in the previous paragraph applies only to the first delivery. Every contract 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 contract without giving reasons for a period of 30 days.

This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product.

If they exercise their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. The consumer must provide this notification by written message or e-mail.

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 prove that the delivered goods were returned in time, for example by means of proof of shipment.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal 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 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 withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return shipment 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 good time before the conclusion of the contract.

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 personal in 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 individual newspapers and magazines.
• For media and video recordings and computer software of which the consumer has broken the seal.
• For hygienic products of which the consumer has broken the seal.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

• They result from statutory regulations or provisions.
• The consumer has the right to terminate the contract effective from the day on which 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 event 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 stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after 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 are otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging.
• The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall observe the greatest possible care when receiving and executing orders for products.

With due observance of what is stated in Article 4 of these 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 be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any 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 item. At the latest upon delivery, it shall be clearly and understandably stated that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and 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 entered into for an indefinite period and aimed at 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 entered into for a fixed period and aimed at the regular delivery of products, including electricity, or services at any time at 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 contracts referred to in the previous paragraphs:

• at any time and shall not be limited to termination at a specific time or during a specific period;
• at least in the same manner as they were entered into by them;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A contract entered into for a fixed period and aimed at the regular delivery of products, including electricity, or services may not be tacitly renewed or extended for a fixed period.

In deviation from the previous paragraph, a contract entered into for a fixed period and aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A contract entered into for a fixed period and aimed at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it 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 contract is aimed at the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines, such as a trial or introductory subscription, is not 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 referred to in Article 6 paragraph 1.

In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge 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 fully and clearly described within seven days 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 foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement 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 shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.

This also applies if the consumer resides abroad.