Terms and Conditions

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General Terms and Conditions

Article 1 – Definitions

In these General Terms and Conditions, the terms used have the following meanings:

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 business or professional activity and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered 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 to consumers at a distance.

Distance contract: a contract concluded within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for remote communication.

Technique for remote communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place.

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 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and its packaging with care.

If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions of the entrepreneur.

Article 3 – Applicability

These General Terms and Conditions apply to every offer from the entrepreneur and to every distance contract and every order 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 inspected 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 contract is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that the consumer can easily store them 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 consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the contract and these General Terms and Conditions will remain in force for the remainder, and the provision in question will immediately be replaced by a new provision in mutual consultation that approximates the purpose of the original provision 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.

Ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted 'in the spirit' of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to certain conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer.

If the entrepreneur uses images or photos, these are a true representation of the products and/or services offered. 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 dissolution of the contract.

Product photos are a true 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;
  • how the contract will be concluded and what actions are required for this;
  • information on whether the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the amount of the costs for remote communication if the costs for using the technique for remote communication are calculated on a different basis than the regular basic rate;
  • information on whether the contract will be archived after conclusion and, if so, how the consumer can consult it;
  • how the consumer can check and, if necessary, correct the data provided by them before the contract is concluded;
  • any other languages in which, in addition to Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically;
  • the minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colors, and 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 fulfills the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will 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 can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within the limits of applicable law – investigate whether the consumer can meet their payment obligations, as well as all facts and circumstances that are important for the responsible conclusion of 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 or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable data carrier, with the product or service:

  • the visiting address of the entrepreneur's establishment where the consumer can lodge 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 this right;
  • information about guarantees and existing after-sales service;
  • the data included in Article 4 paragraph 3 of these General Terms and Conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
  • the conditions for terminating the contract if the contract has a duration of more than one year or an indefinite duration.

In the case of a continuing performance contract, 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 right to withdraw from the contract without giving reasons within 30 days.

This period commences on the day after the product has been received by the consumer or a pre-designated representative, who has been made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions of the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. The notification must be in writing or electronically.

After the consumer has notified the entrepreneur of their intention to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the returned goods were sent on time, for example, by means of a shipping receipt.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not expressed their intention to exercise the right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is considered final.

Article 7 – Costs in case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for 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 30 days after the withdrawal. The condition here is that the product has been received by the entrepreneur or conclusive proof of complete return can be submitted.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract.

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

  • that have been manufactured by the entrepreneur according to 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 loose newspapers and magazines;
  • for audio and video recordings and computer software of which the seal has been broken by the consumer;
  • for hygienic products of which the seal has been broken by the consumer.

Article 9 – The Price

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

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they are the result of legal 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 are the result of legal regulations or provisions;
  • the consumer has the authority to terminate the contract effective from the day on which the price increase takes effect.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrectly stated 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 usability, and the legal provisions and government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returns of the products must be in the 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 individual applications 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 or modified the delivered products themselves or has had them repaired or modified by third parties;
  • the delivered products have been exposed to abnormal conditions, have been handled carelessly or have been used contrary to the entrepreneur's instructions and/or information on the packaging;
  • the defect is wholly or partly the result of regulations issued or to be issued by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

With due observance of what is stated in article 4 of these General Terms and Conditions, the entrepreneur 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 notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will 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 to be impossible, the entrepreneur will endeavour to make a replacement product available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered.

The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment are for the account 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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and extension

Termination

The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can:

  • terminate the aforementioned agreements at any time and not be limited to termination at a specific time or in a specific period;
  • terminate them in at least the same way as they were entered into;
  • always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this 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 and which extends to 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 and with a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for acquaintance (trial or introductory subscription) will not be tacitly continued and will end 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 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 commencement 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 duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within seven 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement 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 settlement procedure.

The submission of 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 his discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

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

This also applies if the consumer resides outside the Netherlands.