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 does not act 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 concerning a series of products and/or services, where the delivery and/or acceptance obligation 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 remotely to consumers.
  • Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby up to and including the conclusion of the contract, only one or more techniques for remote communication are used.
  • Technique for remote communication: Means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same location.
  • 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 giving any reason. During the cooling-off period, the consumer must handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if possible, in the original condition, following reasonable instructions from the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded 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 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, the text of these general terms and conditions may be made available electronically to the consumer 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 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.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always invoke the provision most favorable to them.
If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the contract and these terms remain in effect for the remainder, and the void provision will be replaced promptly by a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions shall be assessed ‘in the spirit’ of these terms. Ambiguities in the interpretation or content of one or more provisions shall be interpreted ‘in the spirit’ of these terms.

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 without obligation. 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 allow the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these are a truthful 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 dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This includes in particular:

  • Any shipping costs.
  • The manner in which the contract will be concluded and what actions are required for this.
  • Whether the right of withdrawal applies.
  • The method of payment, delivery, and execution of the contract.
  • The period for acceptance of the offer or the period during which the entrepreneur guarantees the price.
  • The rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate for the communication medium used.
  • Whether the contract will be archived after conclusion and, if so, how the consumer can consult it.
  • How the consumer can check and, if desired, correct the data provided by them before concluding the contract.
  • Any other languages in which the contract can be concluded besides Dutch.
  • The codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these electronically.
  • The minimum duration of the distance contract in case of a duration transaction.
  • Optional: available sizes, colors, 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 meets the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer on a durable data carrier:

  • The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints.
  • The conditions and manner in which the consumer can exercise the right of withdrawal or a clear statement about the exclusion of the right of withdrawal.
  • Information about guarantees and existing after-sales service.
  • The data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data before the execution of the contract.
  • The requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
  • In the case of a duration transaction, the previous paragraph applies only to the first delivery. Every contract 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 option to dissolve the contract without giving any reason within 30 days.
    This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.
    During the reflection period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product.
    If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following reasonable and clear instructions provided by the entrepreneur.
    If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. This notification must be made in writing or by email.
    After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.
    If the consumer does not notify the entrepreneur within the periods mentioned above and/or does not return the product, the purchase is considered final.

    Article 7 – Costs in Case of Withdrawal
    If the consumer exercises their right of withdrawal, the costs of 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. This is conditional on the product having been received back by the entrepreneur or on the consumer providing conclusive proof of complete return.

    Article 8 – Exclusion of Right of Withdrawal
    The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described below. The exclusion applies only if the entrepreneur has clearly stated this in the offer or at least in a timely manner before the contract is concluded.
    Exclusion of the right of withdrawal is only possible for products:

    • That have been made 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 on the financial market beyond the entrepreneur’s control.
    • Loose newspapers and magazines.
    • Media, video recordings, and computer software where the consumer has broken the seal.
    • Hygienic products where the consumer has broken the seal.

    Article 9 – The Price
    During the validity period stated in the offer, prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
    Contrary to the previous paragraph, the entrepreneur may offer products or services with prices subject to fluctuations on the financial market beyond their control at variable prices. This dependency and the fact that any stated prices are indicative will be mentioned in the offer.
    Price increases within three months after the contract is concluded are only allowed if they result from legal regulations or provisions.
    Price increases after three months from the contract conclusion are only allowed if the entrepreneur has agreed to this and:

    • They result from legal regulations or provisions.
    • The consumer has the right to terminate the contract from the day the price increase takes effect.
      All prices are subject to printing and typesetting errors. No liability is accepted for consequences of such errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

    Article 10 – Conformity and Guarantee
    The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing at the time of contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
    Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the contract.
    Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. Products must be returned in their original packaging and in new condition.
    The entrepreneur’s warranty period corresponds to the factory 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 or modified the delivered products themselves or had them repaired or modified by third parties.
    • The products have been exposed to abnormal conditions, treated carelessly, or contrary to the entrepreneur’s instructions or packaging instructions.
    • The defect is wholly or partly due to regulations imposed or to be imposed by the government regarding 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 orders for products.
    Subject to the provisions in Article 4 of these general terms and conditions, accepted orders will be executed with due speed but no later than 30 days, unless the consumer agrees to a longer delivery period.
    If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and may be entitled to compensation.
    In case of dissolution as described above, 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 impossible, the entrepreneur will endeavor to provide a replacement product. At delivery, it will be clearly and understandably communicated that a replacement product is being delivered.
    The right of withdrawal cannot be excluded for replacement products. 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 delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless explicitly agreed otherwise.

    Article 12 – Duration Transactions: Duration, Termination, and Renewal

    Termination
    The consumer may terminate a contract concluded for an indefinite period, which concerns the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
    The consumer may terminate a contract concluded for a fixed term, which concerns the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
    The consumer may:

    • Terminate the contracts mentioned above at any time and is not limited to termination at a specific time or period;
    • Terminate at least in the same manner as the contracts were concluded;
    • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

    Renewal
    A contract concluded for a fixed term concerning the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
    By way of exception, a contract concluded for a fixed term concerning the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a maximum period of three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
    A contract concluded for a fixed term concerning 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 contract concerns the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.
    A limited-duration contract for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after 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 oppose termination before the agreed duration ends.

    Article 13 – Payment
    Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the reflection 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 is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
    In case of consumer default in payment, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously communicated to the consumer.

    Article 14 – Complaints Procedure
    Complaints about the execution of the contract must be submitted to the entrepreneur fully 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 longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
    If the 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 indicates otherwise in writing.
    If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge at their discretion.

    Article 15 – Disputes
    Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.
    This also applies if the consumer resides abroad.