General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following terms are defined as:

  • Cooling-off period: The period within which the consumer can 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.

  • Continuous transaction: A distance contract concerning a series of products and/or services, where the delivery and/or consumption obligations are spread over time.

  • Durable data carrier: Any medium that allows the consumer or entrepreneur to store information that is personally addressed to them in such a way that future consultation and unchanged 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 to consumers remotely.

  • Distance contract: A contract in the context of a system organized by the entrepreneur for remote sale of products and/or services, where communication until the conclusion of the contract is made solely using one or more techniques for remote communication.

  • Technique for remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same room.

  • 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 agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer must handle the product and its packaging carefully.
If the consumer exercises their right of withdrawal, they must 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 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 that the General Terms and Conditions can be consulted with the entrepreneur and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these General Terms and Conditions will be provided to the consumer electronically in a way that allows the consumer to store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the contract where the General Terms and Conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
If specific product or service terms and conditions are applicable in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly, and the consumer may, in case of conflicting terms, always refer to the provision that is most favorable to them.
If one or more provisions of these General Terms and Conditions are at any time partially or fully invalid or declared void, the agreement and these terms will remain in effect, and the relevant provision will be replaced by a provision that, to the extent possible, reflects the original intent.
Situations not covered by these General Terms and Conditions should be assessed "in the spirit" of these conditions. Uncertainties about the interpretation or content of one or more provisions of these terms 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 mentioned 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 must be detailed enough to allow the consumer to assess the offer.
If the entrepreneur uses images, they 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 give rise to compensation or contract cancellation.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors will exactly match the real colors of the products.
Each offer includes information that makes it clear what the rights and obligations are that apply when the offer is accepted. This particularly includes:

  • Any shipping costs.

  • The manner in which the agreement will be concluded and what actions are necessary.

  • Whether the right of withdrawal applies.

  • The method of payment, delivery, and performance of the agreement.

  • The time limit for acceptance of the offer, or the period during which the entrepreneur guarantees the price.

  • The rate for remote communication if the cost of using the remote communication technique is based on something other than the regular basic rate for the communication method used.

  • Whether the agreement will be archived after it is concluded and how the consumer can consult it.

  • How the consumer can check and, if necessary, correct the data provided by them before concluding the agreement.

  • The other languages in which, in addition to Dutch, the agreement can be concluded.

  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.

  • The minimum duration of the agreement in the case of a continuous 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 the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer accepts the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. Until the entrepreneur has confirmed the receipt of this acceptance, the consumer may dissolve the agreement.
If the agreement is concluded 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 also take appropriate security measures.
The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations, as well as any facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has valid reasons to not enter into the agreement based on this research, they are entitled to refuse an order or application with a reason or attach special conditions to the execution of the contract.
When delivering the product or service to the consumer, the entrepreneur will send the following information in writing or in a way that allows the consumer to store it on a durable data carrier:

  • The visiting address of the entrepreneur’s establishment where the consumer can submit complaints.

  • The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal.

  • Information about warranties and existing after-purchase services.

  • The data mentioned in article 4, paragraph 3 of these terms, unless this information was already provided to the consumer before the conclusion of the agreement.

  • The requirements for cancellation of the agreement if the agreement lasts for more than one year or is of indefinite duration.
    In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is concluded under the condition that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without providing any reason within 30 days.
This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging carefully. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product.
If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, following reasonable instructions from the entrepreneur.
If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. This notice must be made by written communication or email.
After the consumer has notified the entrepreneur that they wish to exercise their right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the delivered goods have been returned on time, such as a proof of shipment.
If the consumer has not notified the entrepreneur within the above time limits or has not returned the product, the sale is final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are 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 30 days after withdrawal, provided the product has been returned to the entrepreneur or valid proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for specific products as outlined 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:

  • Made by the entrepreneur according to the consumer’s specifications.

  • Clearly personal in nature.

  • That by their nature cannot be returned.

  • That can spoil or age quickly.

  • Whose price is linked to fluctuations on the financial market that the entrepreneur cannot control.

  • For loose newspapers and magazines.

  • For media 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 – Price
During the validity period stated 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 linked to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any listed prices are indicative will be mentioned 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 more than 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 right to cancel the agreement starting on the day the price increase takes effect.
All prices are subject to printing and typesetting errors. The entrepreneur is not liable for the consequences of printing or typesetting errors. In case of printing or typesetting errors, the entrepreneur is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur ensures 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 applicable 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 other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur is in line with the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate 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 has had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions or have been otherwise mishandled or are contrary to the instructions of the entrepreneur and/or have been treated as specified on the packaging.

  • The defect is wholly or partially due to government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care in receiving and executing orders for products.
Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will deliver 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 can only be partially fulfilled, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
In case of termination as stated in the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute product. At the latest upon delivery, it will be clearly and understandably stated that a substitute product is being delivered.
For substitute products, the right of withdrawal cannot be excluded. Any return shipping costs are at the expense of 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 representative designated by the consumer and communicated to the entrepreneur, unless otherwise agreed.

Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and which is intended to deliver products (including electricity) or services on a regular basis, at any time, observing 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 term and which is intended to deliver products (including electricity) or services on a regular basis, at any time, by the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs:

  • At any time, without being limited to termination at a specific time or within a specific period;

  • At least in the same way as they were entered into;

  • Always with the same notice period as the entrepreneur has agreed for themselves.
    Extension
    An agreement entered into for a fixed term and which is intended to deliver products (including electricity) or services on a regular basis may not be automatically extended or renewed for a certain duration.
    In deviation from the previous paragraph, an agreement entered into for a fixed term and which is intended to deliver daily, news, and weekly newspapers and magazines may be automatically extended for a maximum period of three months, provided the consumer can terminate the extended agreement by the end of the extension with a notice period of no more than one month.
    An agreement entered into for a fixed term and which is intended to deliver products or services on a regular basis may only be automatically extended for an indefinite duration if the consumer can terminate 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 the case of agreements for the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
    An agreement for a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will terminate 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 would prevent termination before the agreed duration ends.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven days after the start of the cooling-off period as referred to in Article 6(1).
In the case of an agreement for the provision of services, this period starts when the consumer has received the confirmation of the agreement.
The consumer is required to promptly report any inaccuracies in the provided or mentioned payment details 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 regarding the execution of the agreement must be submitted fully and clearly in writing to the entrepreneur 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 foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute will arise, which will be 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 deemed valid by the entrepreneur, the entrepreneur will, at their choice, 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.
This applies even if the consumer resides abroad.