General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: A 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.
Continuous transaction: A distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time.
Durable data carrier: Any medium that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged 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 remotely.
Distance contract: A contract concluded within the framework of an organized system for the remote sale of products and/or services, whereby one or more remote communication techniques are used exclusively up to and including the conclusion of the contract.
Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space simultaneously.
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 providing 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, following the reasonable instructions of the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and every distance contract and order established between the entrepreneur and the consumer.
Before concluding a distance contract, 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 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 be made available electronically before the contract is concluded, 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 where the general terms and conditions can be accessed electronically and that they will be sent electronically or by other means free of charge upon request.
If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and the remaining conditions remain in effect, and the relevant provision will be replaced in mutual consultation by a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions must be assessed in the spirit of these terms. Any ambiguities regarding the interpretation or content of one or more provisions 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 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 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, they must be a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot serve as grounds for compensation or contract termination.
Product images are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.
Every offer contains sufficient information to clarify the rights and obligations associated with its acceptance. This includes:
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Any shipping costs.
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The procedure for concluding the contract and the necessary steps.
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Whether the right of withdrawal applies.
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The method of payment, delivery, and execution of the contract.
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The period for accepting the offer or the period during which the entrepreneur guarantees the price.
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The costs of remote communication if they differ from the standard base rate for the used communication medium.
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Whether the contract will be archived after its conclusion and, if so, how the consumer can access it.
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The way in which the consumer can check and, if necessary, correct the data they provide before concluding the contract.
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Any languages in which the contract can be concluded besides Dutch.
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The codes of conduct to which the entrepreneur adheres and how the consumer can electronically access these codes.
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The minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, material types.
Article 5 – The Agreement
The agreement is established, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. As long as this confirmation has not been received by the consumer, they can dissolve the agreement.
If the agreement is established electronically, the entrepreneur will take 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 will take appropriate security measures.
The entrepreneur may, within legal boundaries, assess whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the remote agreement. If, based on this investigation, the entrepreneur has legitimate grounds not to enter into the agreement, they are entitled to refuse an order or request with justification or attach special conditions to its execution.
The entrepreneur will provide the consumer with the following information, in writing or in a manner that allows the consumer to store it accessibly on a durable data carrier, along with the product or service:
● The physical address of the entrepreneur's establishment where the consumer can address complaints.
● The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.
● Information about warranties and existing after-purchase services.
● The details specified in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information before executing the agreement.
● The conditions for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 30 days.
This cooling-off period starts the day after the consumer or a previously designated and known representative receives the product.
During this period, the consumer must handle the product and packaging carefully. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If the consumer exercises their right of withdrawal, they must return the product with all provided accessories and – if reasonably possible – in the original condition and packaging, following the entrepreneur's reasonable and clear instructions.
If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. This notification must be made in writing or via email.
After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example, with a shipping receipt.
If the consumer does not notify their intention to use the right of withdrawal within the specified period and/or does not return the product, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are the consumer’s responsibility.
If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible but no later than 30 days after withdrawal, provided that the product has been received or that conclusive proof of complete return has been submitted.
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 is valid only if the entrepreneur clearly states it in the offer or before concluding the agreement.
Exclusion of the right of withdrawal is possible for:
● Products made to the consumer's specifications.
● Products that are clearly personal in nature.
● Products that cannot be returned due to their nature.
● Products that can spoil or age quickly.
● Products with prices subject to fluctuations in the financial market that the entrepreneur cannot influence.
● Single newspapers and magazines.
● Sealed audio, video, and computer software once unsealed by the consumer.
● Sealed hygienic products once unsealed by the consumer.
Article 9 – The Price
During the validity period mentioned in the offer, product and service prices will not increase, except for changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer variable pricing for products or services affected by financial market fluctuations beyond their control. If applicable, this will be stated in the offer.
Price increases within three months after the agreement’s conclusion are allowed only if they result from legal regulations.
Price increases beyond three months after the agreement’s conclusion are allowed only if:
● They result from legal regulations.
● The consumer has the right to terminate the agreement effective on the date the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. If a price is incorrect, the entrepreneur is not obligated to deliver the product at that price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and services conform to the agreement, stated specifications, reasonable usability requirements, and applicable legal provisions at the time of agreement. If agreed, the entrepreneur also ensures suitability for special use.
A guarantee from the entrepreneur, manufacturer, or importer does not limit the consumer’s statutory rights.
Defects or incorrectly delivered products must be reported in writing within 30 days of delivery. Returns must be in original packaging and in new condition.
The warranty term corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for individual suitability of the products for specific consumer use or for advice regarding use.
The warranty does not apply if:
● The consumer or third parties have repaired or modified the product.
● The product has been exposed to abnormal conditions or mishandled.
● The defect is due to government regulations on material quality.
Article 11 – Delivery and Execution
The entrepreneur takes the utmost care in receiving and executing product orders.
Orders will be processed as quickly as possible and no later than 30 days, unless a longer delivery time is agreed upon.
If delivery is delayed or an order cannot be fulfilled, the consumer will be informed within 30 days. In such cases, the consumer may cancel the agreement and receive a refund.
If delivery is impossible, the entrepreneur will attempt to offer a replacement product. This will be communicated clearly before delivery.
The risk of damage or loss is with the entrepreneur until delivery unless otherwise agreed.
Article 12 – Duration Contracts: Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period, 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 definite period, 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 not be limited to termination at a specific time or in a specific period;
● at least in the same way 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 definite period that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
By way of derogation from the previous paragraph, an agreement for a definite period that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, provided the consumer may terminate 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 definite period that 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, or a notice period of no more than three months if the agreement is for the regular delivery of daily, news, and weekly newspapers and magazines but less than once a month.
A limited-term agreement for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement lasts 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 dictate that early termination before the end of the agreed duration is unacceptable.
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 as referred to in Article 6(1).
In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.
The consumer is obliged to promptly report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints about 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 from the date of receipt.
If a complaint requires a foreseeably 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 a 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 states otherwise in writing.
If the 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 relate.
This also applies if the consumer resides abroad.