General Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off Period: The period during which the consumer may exercise the right of withdrawal.

Consumer: Any natural person who is acting for purposes outside their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur.

Day: A calendar day.

Ongoing Contract: A distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time.

Durable Medium: Any instrument that enables the consumer or the 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 consumer's right 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 by means of distance selling.

Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

Means of Distance Communication: Any method that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same place.

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 agreement within a cooling-off period of 30 days, without stating any reason.

During the cooling-off period, the consumer shall handle the product and its packaging with due care.

If the consumer exercises the right of withdrawal, they shall return the product together with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the 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 concluded and every order placed between the entrepreneur and the consumer.

Before a 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, the entrepreneur shall, before the distance contract is concluded, indicate that the General Terms and Conditions are available for inspection 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, then, 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 easily be stored by the consumer on a durable medium. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the General Terms and Conditions can be consulted electronically and state that they will be sent to the consumer electronically or by another method free of charge upon request.

If, in addition to these General Terms and Conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is 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 agreement and the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The invalid or annulled provision shall be replaced without undue delay, by mutual agreement, with a provision that reflects the purpose and intent of the original provision as closely as possible.

Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to specific conditions, this shall be explicitly stated in the offer.

All offers are non-binding. The entrepreneur reserves the right to amend and modify 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 make a proper assessment of the offer.

If the entrepreneur uses images, these shall provide a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not be binding on the entrepreneur.

All images and specifications included in the offer are indicative only and cannot give rise to any claim for compensation or termination of the agreement.

Images displayed with products are intended to provide a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

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

• Any applicable shipping costs.
• The manner in which the agreement will be concluded and the actions required for its conclusion.
• Whether or not the right of withdrawal applies.
  • The method of payment, delivery, and performance of the agreement.
  • The period during which the offer remains valid, or the period during which the entrepreneur guarantees the stated price.
  • The rate charged for means of distance communication if the costs of using such means are calculated on a basis other than the regular basic rate for the communication method used.
  • Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it.
  • The manner in which the consumer may review and, if desired, correct the information they have provided in connection with the agreement before the agreement is concluded.
  • Any languages other than Dutch in which the agreement may be concluded.
  • The codes of conduct to which the entrepreneur has committed and the manner in which the consumer can consult these codes of conduct electronically.
  • The minimum duration of the distance contract in the case of an ongoing contract.
  • Optional: available sizes, colors, and types of materials.

  Article 5 – The Agreement

  The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions attached to it.

  If the consumer has accepted the offer electronically, the entrepreneur shall immediately acknowledge receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.

  If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure online environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

  Within the limits of the law, the entrepreneur may investigate whether the consumer is able to fulfill their payment obligations, as well as all facts and circumstances relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has reasonable grounds not to conclude the agreement, the entrepreneur is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

  The entrepreneur shall provide the consumer with the following information together with the product or service, in writing or in such a manner that the consumer can store it in an accessible way on a durable medium:

  • The business address of the entrepreneur's establishment where the consumer may submit complaints.
  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply.
  • Information regarding warranties and available after-sales services.
  • The information referred to in Article 4, paragraph 3 of these General 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 an ongoing contract, the provisions of the previous paragraph apply only to the first delivery.

  Every agreement is concluded subject to the suspensive condition that the relevant products are sufficiently available.

  Article 6 – Right of Withdrawal

  When purchasing products, the consumer has the right to terminate the agreement without giving any reason within a period of 30 days.

  The cooling-off period shall commence on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, has received the product.

  During the cooling-off period, the consumer shall handle the product and its packaging with due care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.

  If the consumer exercises the right of withdrawal, they shall return the product together with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must provide this notification by means of a written notice or email.

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

  If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal and/or has not returned the product to the entrepreneur within the periods referred to in paragraphs 2 and 3, the purchase shall become final.

  Article 7 – Costs in the Event of Withdrawal

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

  If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the withdrawal, provided that the entrepreneur has already received the returned product or the consumer has supplied conclusive proof that the complete return shipment has been sent.

  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 shall only apply if the entrepreneur has clearly stated this in the offer or, at the latest, before the agreement is concluded.

  The right of withdrawal may only be excluded for products:

  • That have been manufactured by the entrepreneur according to the consumer's specifications.
  • That are clearly of a personal nature.
  • That, by their nature, cannot be returned.
  • That are liable to deteriorate or expire rapidly.
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control.
  • Individual newspapers and magazines.
  • Audio and video recordings and computer software of which the consumer has broken the seal.
  • Hygienic products of which the consumer has broken the seal.

  Article 9 – Pricing

  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 over which the entrepreneur has no control, at variable prices. The fact that the prices are subject to such fluctuations and that any prices stated are indicative shall be clearly 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 legal provisions.

  Price increases after three months from the date the agreement is concluded are only permitted if the entrepreneur has stipulated this in advance and:

  • They are the result of statutory regulations or legal provisions.
  • The consumer has the right to terminate the agreement with effect from the date on which the price increase takes effect.

  All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the entrepreneur is not obliged to supply 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, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than its normal intended use.

  Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may 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. Returned products must be sent back in their original packaging and in new condition.

  The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur shall never be responsible for the ultimate 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 has had them repaired and/or modified by third parties.
  • The delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the instructions provided by the entrepreneur and/or the instructions on the packaging.
  • The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used, whether currently in force or introduced at a later date.

  Article 11 – Delivery and Performance

  The entrepreneur shall exercise the greatest possible care when receiving and fulfilling orders for products.

  Subject to the provisions of Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with due speed and 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 fulfilled or can only be fulfilled in part, the consumer shall be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement free of charge and shall be entitled to any applicable compensation.

  In the event of termination 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 the termination.

  If delivery of an ordered product proves impossible, the entrepreneur shall make every reasonable effort to provide a replacement product. At the latest upon delivery, the consumer shall be informed in a clear and understandable manner that a replacement product is being supplied.

  For replacement products, the right of withdrawal may not be excluded. The costs of any return shipment of a replacement product shall be borne by the entrepreneur.

  The risk of damage to and/or loss of products remains with the entrepreneur until the moment the products are delivered to the consumer or to a representative designated in advance by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

  Article 12 – Ongoing Contracts: Duration, Termination, and Renewal

  Termination

  The consumer may terminate an agreement entered into for an indefinite period, 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 an agreement entered into for a fixed period, 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 preceding paragraphs:

  • At any time and shall not be restricted to termination at a specific time or during a specific period.
  • At least in the same manner in which the agreement was entered into.
  • Always with the same notice period that the entrepreneur has stipulated for themselves.

  Renewal

  An agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be automatically renewed or extended for another fixed period.

  By way of exception to the previous paragraph, an agreement entered into for a fixed period for the regular delivery of daily newspapers, newspapers, weekly newspapers, or magazines may be automatically renewed for a fixed period of up to three months, provided that the consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

  An agreement entered into for a fixed period for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month. A notice period of no more than three months may apply if the agreement concerns the regular, but less than monthly, delivery of daily newspapers, newspapers, weekly newspapers, or magazines.

  An agreement of limited duration for the regular delivery of daily newspapers, newspapers, weekly newspapers, or magazines by way of an introductory or trial subscription shall not be automatically continued and shall automatically end upon expiration 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 reasonableness and fairness prevent termination before the end of the agreed term.

  Article 13 – Payment

  Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the commencement of the cooling-off period referred to in Article 6, paragraph 1.

  In the case of an agreement for the provision of services, this period shall commence after the consumer has received confirmation of the agreement.

  The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

  In the event of non-payment by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge the reasonable costs that have been communicated to the consumer in advance.

  Article 14 – Complaints Procedure

  Complaints regarding the performance of the agreement must be submitted to the entrepreneur within seven days after the consumer has identified the defect. The complaint must be submitted in writing and include a complete and clear description of the issue.

  Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt.

  If a complaint requires a longer processing time that can reasonably be foreseen, 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 consultation, a dispute shall arise that is subject to the applicable dispute resolution procedure.

  Submitting a complaint does not suspend the obligations of the entrepreneur unless the entrepreneur expressly states otherwise in writing.

  If the entrepreneur determines that a complaint is justified, the entrepreneur shall, at its sole discretion, either replace or repair the delivered products free of charge.

  Article 15 – Disputes

  Any agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by the laws of the Netherlands.

  This shall also apply if the consumer resides outside the Netherlands.