General Terms and Conditions

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 exercise their right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuous performance contract: A distance contract relating to a series of products and/or services, the delivery and/or acceptance 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 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 an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: Means that can be used for concluding a contract without the consumer and entrepreneur being present in the same place at the same time.
General Terms and Conditions: These present 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 stating reasons. During the cooling-off period, the consumer shall handle the product and its packaging with care.
If the consumer exercises 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 made by 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 that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding 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 easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall 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 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 apply accordingly and the consumer may, in the event of conflicting conditions, always rely on the applicable provision that is most favourable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that most closely approximates the intent of the original provision.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions shall 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 subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. 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 enable the consumer to properly assess the offer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious 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 colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations 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 this.
– Whether or not the right of withdrawal applies.
– The method of payment, delivery and performance of the agreement.
– The period for accepting 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 means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
– Whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer.
– The manner in which the consumer can, prior to concluding the agreement, check the data provided by them in the context of the agreement and, if desired, correct it.
– Any other languages in which the agreement can be concluded, in addition to Dutch.
– The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically.
– The minimum duration of the distance contract in the event of a continuous performance contract.
Optional: available sizes, colours, types of materials.

Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance 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 organisational 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.
Within the limits of the law, the entrepreneur may inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds for not entering into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to its execution.
The entrepreneur shall include the following information with the product or service supplied 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 submit complaints.
– The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding 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 and conditions, unless the entrepreneur has already provided this information to the consumer before the performance 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 continuous performance contract, 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 products concerned.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 30 days.
This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall 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 shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. Notification must be made by means of a written message or email.
After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not indicated their intention to exercise their right of withdrawal within the periods referred to in paragraphs 2 and 3 and/or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall 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 conclusive proof of complete return shipment can be provided.

Article 8 – Exclusion of the 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 applies only if the entrepreneur has clearly stated this in the offer, or at least in good 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 by their nature cannot be returned.
– That can deteriorate or expire 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 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 and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are indicative shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory 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 result from statutory regulations or provisions; or
– 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 typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing or typesetting errors, the entrepreneur is not obliged 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 stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is 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 statutory 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 30 days after delivery. Products must be returned in their 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 have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging.
– The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance
The entrepreneur shall exercise the greatest possible care when receiving and fulfilling 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 within 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 such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
In the event 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 impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.
With 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 designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Performance Contracts: Duration, Termination and Renewal

Termination
The consumer may terminate a contract entered into for an indefinite period and which provides 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 a contract entered into for a fixed period and which provides for 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 a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
– at any time and is not limited to termination at a specific time or during a specific period;
– at least in the same manner as they were entered into by the consumer;
– always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A contract entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract entered into for a fixed period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if 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 entered into for a fixed period and which provides for 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 a notice period of no more than three months in the event the contract provides for the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period has expired.

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 end of the agreed duration.

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 an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within seven days after the consumer has identified the defects, fully and clearly described.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement 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 settlement 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, replace or repair the delivered products free of charge.

Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply,
even if the consumer resides abroad.