General terms and conditions

General Terms and Conditions

Article 1 – Definitions
In these terms, 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.
Duration 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 data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility 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 at a distance.
Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same place 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 agreement 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 makes use of their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance contract and orders between entrepreneur and 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 free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, 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 in a simple manner 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 free of charge electronically or otherwise at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced without delay in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed in accordance with the ‘spirit’ of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted in accordance with 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 conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change 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 allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful 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 agreement.
Images accompanying products are a truthful 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 the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
● Any shipping costs.
● The manner in which the agreement will be concluded and which actions are required for that.
● Whether or not the right of withdrawal applies.
● The method of payment, delivery and execution of the agreement.
● The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
● The level of 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 means of communication used.
● Whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer.
● The way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it.
● Any other languages in which, in addition to Dutch, the agreement can be concluded.
● The codes of conduct to which the entrepreneur has subjected themselves 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 a duration 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 compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
● The visiting address of the entrepreneur's establishment where the consumer can go with complaints.
● The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
● The information about guarantees and existing service after purchase.
● The data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
● 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 a duration transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
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 the product.
If they make use of their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message or email.
After the consumer has made it known that they wish to make use of their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not made it known that they wish to make use of their right of withdrawal and/or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal
If the consumer makes use of their right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall repay this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return shipment 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 only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
● That have been created 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 as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from three months after the conclusion of the agreement 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 agreement as of the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 on the basis of the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. Products must be returned 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 has had them repaired and/or modified by third parties.
● The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated contrary to the instructions on the packaging.
● The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than 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 partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In case of dissolution 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 dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort 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 shall be 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 previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Extension

Termination
The consumer may terminate an agreement entered into for an indefinite period, 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 may terminate an agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
● At any time and is not limited to termination at a specific time or in a specific period;
● At least terminate them in the same manner as they were entered into;
● Always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Extension
An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
In deviation from the previous paragraph, an agreement entered into for a definite period, which extends to the regular delivery of daily, news and weekly newspapers and magazines, may be tacitly extended for a fixed period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period, 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 a notice period of no more than three months in case 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 introductory purposes (trial or introductory subscription) is not tacitly continued and ends 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 start of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of an agreement to provide a service, 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 to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

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 shall be answered within a period of 14 days calculated from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 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 in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
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 shall, at their discretion, either replace or repair the delivered products free of charge.

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