General terms and conditions

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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: A natural person who does not act in the course of business or profession and who enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Continuous contract: A distance contract concerning a series of products and/or services, the delivery and/or purchase of which is spread over time.

  • Durable medium: Any medium that allows the consumer or entrepreneur to store information personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

  • Right of withdrawal: The consumer's ability to cancel the distance contract within the cooling-off period.

  • Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: A contract in the context of a system organized by the entrepreneur for the distance sale of products and/or services, in which up to and including the conclusion of the contract, only one or more techniques for communication at a distance are used.

  • Technique for communication at a distance: A medium that can be used for concluding a contract without the consumer and the entrepreneur being simultaneously in the same room.

  • Terms and Conditions: These terms and conditions of the entrepreneur.

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within 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 supplied accessories and, if possible, in its original condition, in accordance with reasonable instructions from the entrepreneur.

Article 3 – Applicability
These terms and conditions apply to any offer made by the entrepreneur and any distance agreement and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these 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 terms and conditions can be viewed with the entrepreneur and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that the consumer can store them easily on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In case specific product or service terms and conditions also apply in addition to these terms and conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting terms and conditions.
If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in effect for the remainder, and the relevant provision will be replaced promptly by a provision that most closely resembles the original intent.
Situations not covered by these terms and conditions will be assessed in the spirit of these terms and conditions. Any ambiguities regarding the explanation or content of one or more provisions of our terms and conditions will be explained in the spirit of these terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a full and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, they 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 lead to compensation or cancellation of the agreement.
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 the rights and obligations are that are attached to the acceptance of the offer. This specifically concerns:

  • Any shipping costs.

  • How the agreement will be concluded and what actions are required for that.

  • Whether the right of withdrawal applies or not.

  • 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 rate for communication at a distance if the costs for using the technique for communication at a distance are calculated on a basis other than the normal base rate for the communication medium used.

  • Whether the agreement is archived after it is concluded, and if so, how it can be consulted by the consumer.

  • How the consumer can check and, if desired, correct the data provided by them in the context of the agreement before the agreement is concluded.

  • Any other languages in which, in addition to Dutch, the agreement can be concluded.

  • The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.

  • The minimum duration of the agreement in the case of a continuous contract.

  • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the conditions set out in it.
If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the consumer’s acceptance electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations and any facts and factors that are relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds to believe the agreement should not be entered into based on this investigation, they are entitled to refuse the order or request additional conditions.
The entrepreneur will provide the following information in writing or in a manner that is accessible to the consumer on a durable medium:

  • The visit address of the entrepreneur’s establishment where the consumer can submit complaints.

  • The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded.

  • Information about warranties and existing after-sales service.

  • The data mentioned in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these details before the agreement is executed.

  • The requirements for termination of the agreement if the agreement lasts longer than one year or for an indefinite period.
    In the case of a continuous contract, the previous provision only applies to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement within 30 days without giving a reason.
The cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer who has been notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to assess whether they want to keep the product.
If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. This notification should be made through a written message or email.
After the consumer has notified their intention to exercise the right of withdrawal, they must return the product within 30 days. The consumer must provide proof that the products were returned on time, for example, by providing proof of shipment.
If the consumer has not notified the entrepreneur of their intention to withdraw within the specified periods or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are the responsibility of 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, provided that the product has already been received by the entrepreneur or that conclusive proof of complete return has been provided.

Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the 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, or at least before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

  • Made by the entrepreneur according to the consumer’s specifications.

  • Clearly personal in nature.

  • Which cannot be returned due to their nature.

  • Which are subject to rapid decay or aging.

  • Whose price is subject to fluctuations on the financial market outside the entrepreneur’s control

Article 9 – The Price
For the duration of the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, which the entrepreneur cannot control, at variable prices. This dependence on fluctuations and the fact that any listed prices are indicative will be stated in the offer.
Price increases within three months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases after three months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

  • They result from legal regulations or provisions.

  • The consumer has the right to cancel the agreement starting from the day the price increase takes effect.
    All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obligated 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 agreement, the specifications listed in the offer, reasonable quality and/or usability standards, and the legal provisions and/or government regulations existing at the time the agreement is concluded. 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 exercise against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any 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 are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging.

  • The defect is entirely or partially due to government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest care when receiving and executing orders for products.
Subject to the provisions mentioned in Article 4 of these general terms and conditions, the company will 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 can only be partially fulfilled, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.
In the event of cancellation under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement product. The consumer will be clearly informed at the time of delivery that a replacement item is being provided.
For replacement products, the right of withdrawal cannot be excluded. Any return shipping costs will be borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative designated by the consumer and notified to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and is for 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 an agreement concluded for a fixed period and for 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, at the end of the fixed term.
The consumer can terminate the agreements referred to in the previous paragraphs:

  • At any time, and is not limited to termination at a specific time or within a certain period;

  • At least in the same manner as they entered into the agreement;

  • Always with the same notice period as the entrepreneur has agreed for themselves.

Extension
An agreement concluded for a fixed term and for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement concluded for a fixed term and for the regular delivery of daily, weekly, and monthly newspapers and magazines may be automatically extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed term and for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can 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 regular delivery of daily, weekly, and monthly newspapers and magazines.
An agreement for a limited duration for the regular delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will end after the purchase of 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 fairness and reasonableness oppose termination before the end of the agreed period.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within seven days after the start of the cooling-off period as referred to in Article 6, paragraph 1.
In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in the provided or listed payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs of recovery that were previously communicated to the consumer.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within seven days, in a clear and detailed manner, 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 the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur explicitly states otherwise in writing.
If a complaint is found to be valid by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.

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