General terms and conditions
Article 1 - Definitions In these terms and conditions, the following terms are understood as: 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 exercise of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Ongoing transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or acceptance obligation is spread over time; Durable medium: any means that allows the consumer or entrepreneur to store information that is personally addressed to them in a way that future consultation and unaltered reproduction of the stored information is possible. 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 whereby, within the framework of an organized system for the distance selling of products and/or services by the entrepreneur, only one or more means of distance communication are used up to and including the conclusion of the contract; Means of distance communication: a tool that can be used to conclude a contract, without the consumer and entrepreneur being in the same space at the same time. General Terms and Conditions: the present 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 14 days without giving any reason. During the cooling-off period, the consumer will handle the product and packaging carefully. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if possible, in the original condition, according to reasonable instructions from the entrepreneur.
Article 3 – Applicability These general terms and conditions apply to every offer made by the entrepreneur and every distance contract concluded and orders 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 reasonably not 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 will be sent to the consumer free of charge as soon as possible upon request. If the distance contract is concluded electronically, 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 it can be stored by the consumer on a durable medium in an accessible manner. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer free of charge electronically or otherwise 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 case of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them. If one or more provisions in these general terms and conditions are at any time completely or partially void or annulled, the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced by a provision that closely approximates the original intent in mutual agreement. Situations not regulated in these general terms and conditions should be assessed according to the spirit of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms should be explained according to the spirit of these general terms and conditions.
Article 4 – The Offer If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a truthful 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 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. Every offer contains 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 delivery; how 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 period within which the offer can be accepted or the period during which the entrepreneur guarantees the price; the rate for communication at a distance if the costs of using the means of communication at a distance are calculated on a basis other than the regular base rate for the communication tool used; whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer; how the consumer can check and, if desired, correct the data provided by them in the context of the agreement before the agreement is concluded; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of an ongoing 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 fulfillment of the conditions set therein. If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant to entering into the distance contract responsibly. If the entrepreneur has good reason to believe that the agreement should not be entered into, they are entitled to refuse an order or request or attach special conditions to the execution. The entrepreneur will send the consumer the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can use the right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and after-purchase service; d. the information included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. 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 an ongoing transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is concluded under the suspensive condition of the availability of the relevant products.
Article 6 – Right of Withdrawal In the case of purchasing products, the consumer has the opportunity to cancel the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer, who is known to the entrepreneur, receives the product. During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they want to keep it. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original state and packaging to the entrepreneur, according to reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The notification must be made by a written message/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example, by providing proof of shipment. If the customer has not notified the entrepreneur of the withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product, the purchase becomes final.
Article 7 – Costs in case of Withdrawal If the consumer exercises their 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, provided that the product has already been received by the online retailer or conclusive proof of complete return has been provided.
Article 8 – Exclusion of 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 only applies if the entrepreneur has clearly stated this in the offer, or at least timely before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products: a. that the entrepreneur has manufactured according to the consumer's specifications; b. that are clearly personal in nature; c. that by their nature cannot be returned; d. that are perishable or have a limited shelf life; e. whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence; f. for loose newspapers and magazines
Article 9 – Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are tied to fluctuations in the financial market and over which the entrepreneur has no control. This dependency on fluctuations and the fact that any listed prices are indicative prices 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 after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. they are the result of legal regulations or provisions; or
b. 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 the event of printing or 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 meet the agreement, the specifications listed in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in force at the time 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 legal rights and claims the consumer may assert against the entrepreneur under 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 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 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 have been handled carelessly, contrary to the instructions of the entrepreneur and/or as treated on the packaging;
- The defect is entirely or partially the result of regulations set by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest care when accepting and executing orders for products. In accordance with what is stated in Article 4 of these terms and conditions, the company will 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 or can only be executed partially, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the agreement at no cost and is entitled to compensation. In case of cancellation under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation. If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a substitute item. At the time of delivery, it will be clearly and understandably stated that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur. The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or a previously designated and known representative of the entrepreneur, unless otherwise agreed.
Article 12 – Duration Transactions: Termination and Renewal
Termination:
The consumer may terminate an agreement that has been entered into for an indefinite period, and which relates to the regular delivery of products (including electricity) or services, at any time, subject to any agreed-upon 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 relates to the regular delivery of products (including electricity) or services, at any time, at the end of the fixed term, subject to any agreed-upon termination rules and a notice period of no more than one month. The consumer can terminate the aforementioned agreements:
- At any time, and is not limited to termination at a specific time or within a particular period;
- At least in the same manner as they were entered into by the consumer;
- Always with the same notice period as the entrepreneur has agreed for themselves.
Renewal:
An agreement entered into for a fixed period and which relates to the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a specific duration. In deviation from the previous paragraph, an agreement entered into for a fixed period and which relates to the regular delivery of daily, weekly, or monthly newspapers and magazines may be automatically extended for a specific period of up to three months, provided the consumer can cancel the 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 and which relates to the regular delivery of products or services may only be automatically renewed for an indefinite period 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 cases where the agreement relates to the regular delivery of daily, weekly, or monthly newspapers and magazines.
An agreement for a fixed term for the regular delivery of trial or introductory subscriptions for newspapers, magazines, or similar (trial or introductory subscriptions) will not be automatically renewed and will end after the trial or introductory period.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of services, this period begins after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in provided or stated payment details immediately to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge 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 7 days, fully and clearly described, 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 longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing. If the complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, 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 terms and conditions apply, even if the consumer resides abroad.
