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 may make use of 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.
Long-term transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase 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 option 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: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract exclusively one or more techniques for distance communication are used.
Technique for distance communication: A means that can be used to conclude 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 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a 30-day cooling-off period without giving any reason. During the cooling-off period, the consumer shall handle the product and its packaging with care.

If the consumer makes use of their right of withdrawal, they shall return the product with all supplied 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 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 shall 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, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer shall be informed before the contract is concluded where the terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the provision most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall remain in force, and the void or annulled provision shall be replaced promptly by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions should be assessed “in the spirit” of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall also 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 under conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description must be sufficiently detailed to allow a proper assessment of the offer by the consumer.

If the entrepreneur uses images, they shall be 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 termination 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 actual colors.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

– Any shipping costs.
– The manner in which the contract will be concluded and which actions are required.
– 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 of distance communication if it differs from the basic rate.
– Whether the contract will be archived and, if so, how it may be accessed by the consumer.
– The way the consumer can, before concluding the contract, check and correct data they have provided.
– Any other languages in which the contract may be concluded besides Dutch.
– The codes of conduct the entrepreneur adheres to and how the consumer may consult these electronically.
– The minimum duration of the distance contract in the case of a long-term transaction.
– Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall confirm receipt of acceptance without delay electronically. As long as the entrepreneur has not confirmed receipt of acceptance, 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 transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations and any facts relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

The entrepreneur shall provide the following information to the consumer, in writing or in a way that allows storage on a durable data carrier:

– The address of the entrepreneur’s business location where complaints may be submitted.
– The conditions and manner in which the consumer may exercise the right of withdrawal or a clear statement if the right is excluded.
– Information on warranties and existing after-purchase service.
– The information listed in Article 4 paragraph 3, unless this was already provided before execution of the contract.
– The conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the previous paragraph applies only to the first delivery. Every contract is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

Upon purchasing products, the consumer may terminate the contract without giving reasons within 30 days.

This cooling-off period begins the day after the consumer or a representative designated by the consumer and known to the entrepreneur receives the product.

During the cooling-off period, the consumer shall handle the product and packaging carefully, and shall only unpack or use it to the extent necessary to assess whether they wish to keep the product.

If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, according to the 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. Notification must be made in writing or via email.

After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example with a proof of shipment.

If the consumer has not communicated their wish to exercise the right of withdrawal and/or not returned the product within the periods mentioned, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur shall refund this as soon as possible, but no later than 30 days after withdrawal, provided the product has been received by the entrepreneur or conclusive proof of return has been supplied.

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. Exclusion is only possible if clearly stated in the offer or in time before concluding the contract.

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

– Manufactured according to consumer specifications.
– Clearly personal in nature.
– That cannot be returned due to their nature.
– That spoil or age quickly.
– Whose price depends on fluctuations in the financial market beyond the entrepreneur’s control.
– Newspapers and magazines.
– Media, video recordings, or software where the seal has been broken.
– Hygiene products where the seal has been broken.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the products and/or services shall not be increased, except for changes resulting from VAT regulations.

In deviation from the above, the entrepreneur may offer products or services whose prices depend on financial market fluctuations at variable prices. These fluctuations and the fact that listed prices may be indicative will be stated in the offer.

Price increases within three months after the conclusion of the contract are only permitted if resulting from legal regulations.

Price increases after three months are only permitted if agreed upon and:

– They result from legal regulations, or
– The consumer may terminate the contract from the day the increase takes effect.

All prices are subject to printing and typographical errors. No liability shall be accepted for consequences of such errors. The entrepreneur is not obliged to deliver products at an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products and/or services comply with the contract, with the specifications listed in the offer, with reasonable standards of soundness and usability, and with legal requirements in force at the time of contract formation. If agreed, the entrepreneur also guarantees suitability for other than normal use.

Any additional warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The warranty period corresponds with the manufacturer’s warranty period. The entrepreneur is not responsible for suitability for individual use or for any advice given regarding use.

Warranty does not apply if:

– The consumer has repaired or modified the product themselves or had it done by third parties.
– The products were subjected to abnormal conditions or handled carelessly.
– The defect results from government regulations regarding the nature or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders.

Subject to what is stated in Article 4, the company shall execute accepted orders as soon as possible and no later than 30 days unless a longer delivery time has been agreed.

If delivery is delayed or an order cannot or can only partially be carried out, the consumer shall be notified within 30 days after placing the order. The consumer may then terminate the contract without cost and may be entitled to compensation.

In the event of termination, the entrepreneur shall refund the amount paid as soon as possible and no later than 30 days.

If delivery of an ordered product proves impossible, the entrepreneur shall make efforts to provide a replacement. Upon delivery, the consumer will be clearly informed that a replacement is being provided.

For replacement items, the right of withdrawal cannot be excluded. Return shipping costs are borne by the entrepreneur.

The risk of damage or loss lies with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract for the regular supply of products 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 a fixed-term contract for the regular supply of products or services at the end of the agreed term with a notice period of no more than one month.

The consumer may:

– Terminate such contracts at any time and not be restricted to specific periods.
– Terminate them in the same way the contract was concluded.
– Always terminate with a notice period equal to the entrepreneur’s own notice period.

Renewal

A fixed-term contract for regular supply of products or services may not be renewed or extended tacitly.

In deviation, a fixed-term contract for newspapers or magazines may be tacitly renewed for up to three months if the consumer can terminate the renewal with one month’s notice.

A fixed-term contract for regular supply of products or services may be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with one month’s notice, or three months in the case of less frequent deliveries.

A trial subscription for newspapers or magazines shall not be tacitly renewed and ends automatically after the trial period.

Duration

If a contract has a duration of more than one year, the consumer may terminate after one year with a notice period of no more than one month, unless early termination is unreasonable due to agreed terms.

Article 13 – Payment

Unless otherwise agreed, 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 service contract, this period begins after the consumer has received confirmation of the contract.

The consumer must immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment, and subject to legal restrictions, the entrepreneur has the right to charge reasonable costs that were communicated in advance to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the contract must be submitted fully and clearly described to the entrepreneur within seven days after the consumer discovered the defects.

Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt.

If a complaint requires a foreseeable longer processing time, the entrepreneur shall send a message within 14 days acknowledging receipt and indicating 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 entrepreneur’s obligations unless stated otherwise in writing.

If a complaint is found to be justified, the entrepreneur shall either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.

This applies even if the consumer resides abroad.