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 can exercise 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.
Durable transaction: A distance contract regarding a series of products and/or services, for which 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 possibility 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 remotely to consumers.
Distance contract: A contract concluded in the context of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively by means of one or more techniques for communication at a distance.
Technique for communication at a distance: Means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same room.
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 cooling-off period of 30 days without giving reasons. During the cooling-off 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, following reasonable instructions from the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer by the entrepreneur and every distance contract and order concluded between entrepreneur and 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 will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be electronically consulted and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
If specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are wholly or partially null or annulled at any time, the agreement and these terms and conditions remain in effect otherwise, and the relevant provision shall be promptly replaced by a provision that approximates the original intention as much as possible through mutual consultation.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions. Ambiguities concerning 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 will be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these 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 dissolution 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 real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This particularly concerns:
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The possible shipping costs.
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The manner in which the agreement will be concluded and what actions are necessary for that.
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Whether or not the right of withdrawal applies.
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The manner of payment, delivery, and execution of the agreement.
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The period for acceptance of the offer or the period during which the entrepreneur guarantees the price.
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The amount of the rate for communication at a distance if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used.
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Whether the agreement will be archived after conclusion and, if so, in what manner it can be consulted by the consumer.
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The way in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the contract.
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The possible other languages in which, besides Dutch, the agreement can be concluded.
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The codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes electronically.
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The minimum duration of the distance contract in case of a duration transaction.
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Optionally: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached thereto.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been sent, the consumer can dissolve 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that.
The entrepreneur can – within legal limits – investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsible conclusion of the distance contract. If the entrepreneur has good grounds to refuse the agreement based on this investigation, they may refuse an order or request with motivation or attach special conditions to execution.
The entrepreneur will provide the consumer with the following information, either in writing or in such a way that the consumer can store it on a durable data carrier:
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The visiting address of the entrepreneur’s establishment where the consumer can submit complaints.
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The conditions under which and how the consumer can exercise their right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.
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Information about guarantees and existing after-sales service.
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The data included in Article 4 paragraph 3, unless the entrepreneur has already provided this data before executing the agreement.
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The requirements for termination of the agreement if the agreement lasts longer than one year or is of indefinite duration.
In the case of a duration transaction, the previous paragraph applies only to the first delivery. Each agreement is concluded subject to 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 agreement without giving reasons within 30 days.
This cooling-off period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product.
If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur in writing or by email within 30 days of receiving the product.
After the consumer has indicated their wish to use the right of withdrawal, they must return the product within 30 days. The consumer must prove that the goods were returned on time, for example, by providing proof of shipment.
If the consumer has not indicated their wish to use their right of withdrawal and/or has not returned the product within the periods mentioned in paragraphs 2 and 3, 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 are for the consumer’s account.
If the consumer has paid an amount, the entrepreneur will repay 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 has been provided.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion applies only if the entrepreneur has clearly stated this in the offer or timely before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
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That have been made according to the consumer’s specifications.
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That are clearly personal in nature.
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That cannot be returned due to their nature.
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That can spoil or age quickly.
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Whose price is subject to fluctuations on the financial market beyond the entrepreneur’s control.
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For loose newspapers and magazines.
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For media and video recordings and computer software whose seal the consumer has broken.
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For hygienic products whose seal the consumer has broken.
Article 9 – Price
During the validity period stated in the offer, prices of the offered products and/or services will not be increased, except for changes due to changes in VAT rates.
The entrepreneur may offer products or services with prices subject to fluctuations on the financial market and beyond the entrepreneur’s control at variable prices. This dependency and the fact that any stated prices are indicative are mentioned in the offer.
Price increases within three months after conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases after three months from the conclusion of the agreement are only allowed if the entrepreneur agreed to this and:
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They result from statutory regulations or provisions.
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The consumer has the right to terminate the agreement from the day the price increase takes effect.
All prices are subject to printing and typographical errors. The entrepreneur does not accept liability for the consequences of printing and typographical errors. In case of such 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, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable at the date the agreement was concluded. If agreed upon, 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 based on the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur 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 any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
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The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
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The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or those indicated on the packaging;
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The defectiveness is wholly or partially 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 Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
With due observance of the provisions in Article 4 of these general terms and conditions, accepted orders will be executed promptly but no later than 30 days after the order is placed, unless the consumer agrees to a longer delivery period.
If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. The consumer then has the right to dissolve the agreement without costs and has a right to possible damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will 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 turns out to be impossible, the entrepreneur will endeavor to make a replacement article available. At the time of delivery, it will be clearly and understandably indicated that a replacement article is delivered.
For replacement articles, the right of withdrawal cannot be excluded. Any return shipping costs are 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 previously designated and known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period, which concerns the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a termination period of at most one month.
The consumer may terminate an agreement concluded for a fixed term, which concerns the regular delivery of products (including electricity) or services, at any time at the end of the agreed term, observing the agreed termination rules and a termination period of at most one month.
The consumer may:
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Terminate the agreements mentioned above at any time and is not limited to termination at a specific time or period;
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Terminate at least in the same manner as they entered into the agreement;
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Always terminate with the same termination period that the entrepreneur has stipulated for themselves.
Renewal
An agreement concluded for a fixed term, which concerns the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed period.
Exceptionally, an agreement concluded for a fixed term concerning the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum fixed period of three months, provided that the consumer may terminate the extended agreement at the end of the extension period with a termination period of at most one month.
An agreement for a fixed term concerning 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 termination period of at most one month and a termination period of at most three months if the agreement concerns the regular delivery of daily, news, and weekly newspapers and magazines less than once per month.
A limited-duration agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has ended.
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 termination period of at most one month, unless reasonableness and fairness oppose termination before the agreed duration ends.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the cooling-off period, as referred to in Article 6 paragraph 1, has started.
In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the consumer reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within seven days 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 foreseeable 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 by 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 either 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 relate, even if the consumer resides abroad.