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 concerning a series of products and/or services, with obligations spread over time.
Durable medium: any tool that allows the consumer or entrepreneur to store information addressed personally to them, in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the option for the consumer to withdraw from 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: an agreement whereby, in the context of a system organized by the entrepreneur for selling products and/or services at a distance, up to and including the conclusion of the contract, only one or more techniques for distance communication are used.
Technique for distance communication: a means that can be used for concluding a contract without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before concluding a distance contract, 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, these terms and conditions can be made available electronically to the consumer in such a way that they can be stored easily on a durable medium. 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 to the consumer free of charge by electronic means or otherwise upon request.

In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the case of conflicting general terms and conditions, the most favorable provision for the consumer applies.

If one or more provisions in these general terms and conditions are at any time void or annulled, the remainder of the contract and these terms and conditions will remain in force. The void provision will be replaced by a provision that closely matches 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 terms. Any uncertainties about the interpretation or content of one or more provisions should be explained ‘in the spirit’ of these general terms and conditions.

Article 3 – The Offer

If an offer is subject to a limited period of validity or conditions, this will be expressly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.

Images of products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer includes sufficient information so that it is clear to the consumer what their rights and obligations are upon acceptance of the offer. This particularly relates to:

The price including taxes
Any delivery costs
The manner in which the contract will be concluded and which actions are required for this
Whether or not 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 rate for distance communication if calculated on a basis other than the regular base rate for the means of communication used
Whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer
The way in which the consumer, before concluding the contract, can check and, if necessary, correct the information they have provided in the context of the contract
The other languages in which, apart from 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 electronically
The minimum duration of the distance contract in the case of an ongoing transaction
Optional: available sizes, colors, and materials

Article 4 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the stipulated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has been confirmed, 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 transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If the entrepreneur has legitimate grounds to refuse the contract based on this investigation, they are entitled to refuse an order or attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, either in writing or in a manner that allows the consumer to store it on a durable medium, at the latest at the time of delivery of the product or service:

The address of the entrepreneur's business where the consumer can lodge complaints
The conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
Information on guarantees and after-sales service
The data mentioned in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the contract
The requirements for terminating the contract if it has a duration of more than one year or is indefinite

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Each contract is concluded under the condition of sufficient availability of the ordered products.

Article 5 – Right of Withdrawal

Upon purchasing products, the consumer has the right to dissolve the agreement without providing any reasons for a period of 14 days. This reflection period begins the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product. During the reflection 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 determine 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 the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must do so by sending a written notice/email. After the consumer has expressed their desire to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment. If the customer has not expressed their intent to use the right of withdrawal within the periods specified in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of 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 14 days after the withdrawal. However, this is conditional on the product having already been received by the online retailer or conclusive proof of the complete return being provided.

Article 7 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer or at least before concluding the agreement. The right of withdrawal may be excluded only for products:
a. made to the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is dependent on fluctuations in the financial market beyond the entrepreneur’s control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal;
h. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
b. where delivery has begun with the consumer's explicit consent before the reflection period has expired;
c. related to betting and lotteries.

Article 8 – Pricing

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. Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices whose rates are subject to fluctuations in the financial market beyond the entrepreneur's control. This connection to fluctuations and the fact that any listed prices are target prices will be mentioned in the offer. Price increases within 3 months of the agreement’s conclusion are only allowed if they result from legal regulations or provisions. Price increases after 3 months of the agreement’s conclusion are only allowed if the entrepreneur has stipulated this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 – 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 reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. 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 under the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. 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 contrary to the entrepreneur’s instructions and/or the packaging instructions;
The defect is entirely or partially due to regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 10 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing product orders. The delivery location is the address that the consumer has communicated to the company. In compliance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with reasonable speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or can only partially be fulfilled, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without costs and may be entitled to compensation. In the event 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 14 days after dissolution. If the delivery of a product proves impossible, the entrepreneur will make every effort to provide a replacement article. Clear and understandable notification of the delivery of a replacement article will be given at the latest during delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of a 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 previously designated and made known to the entrepreneur unless explicitly agreed otherwise.

Article 11 – Long-term Transactions:

Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement that has been entered into for an indefinite period, and which is aimed at the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and with a notice period of no more than one month. The consumer may terminate a fixed-term agreement, which is aimed at the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous sections:

At any time and not be restricted to termination at a specific time or within a certain period;
At least in the same manner as the agreement was entered into by him;
Always with the same notice period as the entrepreneur has stipulated for himself.

Renewal
A fixed-term agreement, which is aimed at the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.
In deviation from the previous section, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of no more than one month.

A fixed-term agreement, which is aimed at the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may 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 that the agreement concerns the regular delivery of daily, news, or weekly newspapers and magazines less than once a month.

A limited-term agreement aimed at the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end 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 prevent termination before the end of the agreed term.

Article 12 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6(1). In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur. In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs previously made known to the consumer.

Article 13 – Complaint Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 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 a complaint cannot be resolved by mutual agreement, 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 will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – 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.