Terms and conditions

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: 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.
Ongoing transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The consumer’s option to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance.
Distance contract: A contract concluded within a system organized by the entrepreneur for the distance sale of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being physically present 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 30 days without giving any reason. 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 supplied accessories and, if reasonably possible, in its original condition, in accordance with the entrepreneur’s reasonable instructions.

Article 3 – Applicability
These general 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 general terms and conditions shall 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 free of charge to the consumer upon request as soon as possible.
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 the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the contract and these terms and conditions shall otherwise remain in effect, and the relevant provision shall be replaced without delay in mutual consultation with a provision that approximates the intent of the original as closely as possible.
Situations not regulated by these general terms and conditions shall be assessed in the spirit of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be interpreted in 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 shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adjust 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 proper assessment of the offer by the consumer.
If the entrepreneur uses images, these shall be 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 termination of the contract.
Images of products 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 associated with accepting the offer. This includes, in particular:

The possible shipping costs.
The manner in which the contract 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 contract.
The period for accepting the offer or the period within which the entrepreneur guarantees the price.
The rate for distance communication if the costs of using the technique for 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 accessed 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 is subject 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 an ongoing transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The Contract
Subject to the provisions of paragraph 4, the contract is concluded 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 terminate 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures to this end.
Within legal frameworks, the entrepreneur may ascertain 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 valid reasons not to enter into the contract, they are entitled to refuse an order or request with motivation or to attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, together with the product or service:

The visiting 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 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 an ongoing transaction, the provision in the previous paragraph applies only to the first delivery. Every contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving reasons within 30 days.
This cooling-off period starts the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
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 assess whether they wish to keep it.
If they exercise their right of withdrawal, they shall return the product with all supplied 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.
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 consumer must do this by means of a written message or email.
After the consumer has notified their intention to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered items were returned on time, for example, by means of proof of shipment.
If the customer has not notified their intention to exercise their right of withdrawal and/or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, 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, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 – Exclusion of 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 produced 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 audio 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 due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices quoted are indicative 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; or
The consumer has the authority to terminate the contract as of the day 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 case of printing and typesetting 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 legal provisions and/or 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 warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The return 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 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 had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur’s instructions and/or those on the packaging.
The defect 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 Performance
The entrepreneur shall exercise the utmost care when receiving and executing orders for products.
Subject to the provisions of Article 4 of these general 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 or can only partially be executed, the consumer shall be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
In the case of termination 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 termination.
If delivery of an ordered product proves impossible, the entrepreneur shall endeavor 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 are borne by 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 in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate a contract entered into for an indefinite period and 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 a contract entered into for a fixed period and which involves 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 mentioned 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 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 which involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
In deviation from the previous paragraph, a contract entered into for a fixed period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to 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 which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract involving the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines as an introductory offer (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon completion of 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 preclude 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 as 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 obligation 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 the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has identified 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 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is 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 found to be justified by the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

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