General terms and conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

  • Reflection 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.

  • Durable transaction: A distance contract regarding a series of products and/or services, for which 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 unaltered reproduction of the stored information.

  • Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.

  • Entrepreneur: The natural or legal person who offers products and/or services at a distance 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, in which up to and including the conclusion of the contract, exclusively one or more techniques for remote communication are used.

  • Technique for remote communication: Means that can be used to conclude 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 reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and packaging with care.

If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if possible, in the original condition, in accordance with 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 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 free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 to the consumer electronically or otherwise free of charge upon request.

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

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

Situations not covered in these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms 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 made under conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change 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 true representation of the products and/or services offered. 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 true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This includes, in particular:

  • The possible shipping costs.

  • The way in which the contract will be concluded and which actions are necessary 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 amount of the fee for remote communication if the costs of using the technique for remote communication are calculated on a basis other than the standard basic rate for the communication medium 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 can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract.

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

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

  • The minimum duration of the distance contract in the case of a durable 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 shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall 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 shall take appropriate security measures.

The entrepreneur may — within legal limits — verify whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good grounds not to enter into the contract, they are entitled to refuse an order or request with motivation or to attach special conditions to the execution.

The entrepreneur shall 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 submit complaints.

  • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notice if the right of withdrawal is excluded.

  • 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 information to the consumer before execution of the contract.

  • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a durable transaction, the provision in the previous paragraph applies only to the first delivery. Each 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 reasons within 30 days.

This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.

During the reflection period, the consumer shall handle the product and 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 delivered accessories and — if reasonably possible — in the original condition and packaging to the entrepreneur, 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. The notification must be made in writing or by e-mail.

After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered items were returned on time, for example, by providing proof of shipment.

If the consumer has not notified the entrepreneur within the periods mentioned in paragraphs 2 and 3 and/or has not returned the product, the purchase is considered final.

 

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are 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. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return is provided.

 

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. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract.

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

  • That have been created by the entrepreneur according to the consumer’s specifications.

  • That are clearly personal in nature.

  • That by their nature cannot be returned.

  • That can quickly deteriorate or become outdated.

  • The price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence.

  • For loose newspapers and magazines.

  • For media, video recordings, and computer software whose seal the consumer has broken.

  • For hygienic products whose seal the consumer has broken.

 

Article 9 – The Price

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.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence at variable prices. This binding to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

Price increases within three months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.

Price increases from three months after the conclusion of the contract 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 as of the day the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical 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 contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in effect at the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in the 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 had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or treated contrary to the instructions on the packaging.

  • The defectiveness is wholly or partly the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

 

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing 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 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 executed partially, the consumer shall 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 is entitled to possible 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 endeavor to provide a replacement item. At the latest at the time of delivery, it shall be clearly and understandably indicated that a replacement item will be delivered.

For replacement items, the right of withdrawal cannot be excluded. 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 by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.

 

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

Termination
The consumer may terminate a contract concluded for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a fixed period that provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

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

  • At least terminate in the same manner as they were concluded;

  • Always terminate with the same notice period that the entrepreneur has stipulated for themselves.

Renewal
A contract concluded for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

In deviation from the previous paragraph, a contract concluded for a fixed period that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum period of three months, provided that the consumer may 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 period that 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 case of contracts providing for 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 automatically ends 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 end of the agreed duration.

 

Article 13 – Payment

Unless otherwise agreed, the 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 the event of non-payment by the consumer, the entrepreneur, subject to statutory limitations, has the right to charge the reasonable costs previously communicated to the consumer.

 

Article 14 – Complaints Procedure

Complaints regarding the execution of the contract must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has identified 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 shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved through mutual consultation, 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 their discretion, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

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

This applies even if the consumer resides abroad.