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 agreement with the entrepreneur.
Day: Calendar day.
Extended transaction: A distance agreement relating to a series of products and/or services, whereby 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 option for the consumer to cancel the distance agreement within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
Distance agreement: An agreement concluded within the framework of an organized system for remote sales of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Technique for distance communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same place.
General Terms and Conditions: The present 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 giving any reason. 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 supplied accessories and, if reasonably possible, in its original condition, in accordance with the entrepreneur’s reasonable instructions.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.

Before the distance agreement 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 agreement 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 as soon as possible upon request by the consumer.

If the distance agreement is concluded electronically, then, contrary to the previous paragraph and before the agreement is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that it can easily be stored on a durable data carrier. If this is not reasonably possible, it shall be indicated before the agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and the consumer may always rely on the applicable provision most favorable to them in the event of conflicting terms.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and the remaining terms shall remain in force and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not regulated 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 shall also be interpreted “in 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 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 allow the consumer to properly assess the offer.

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

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to 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 execution of the agreement.
• The period for acceptance of the offer or the period within which the entrepreneur guarantees the price.
• The rate for distance communication if costs are calculated on a basis other than the regular basic rate for the communication method used.
• Whether the agreement 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 information provided in connection with the agreement before concluding it.
• Any other languages in which the agreement can be concluded besides Dutch.
• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically.
• The minimum duration of the distance agreement in the case of an extended transaction.
  Optional: available sizes, colors, type 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 fulfills the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of 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 organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or attach special conditions to the execution.

The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored accessibly 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 may exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal.
• Information about guarantees and existing after-sales service.
• The information included in Article 4 paragraph 3 of these conditions, unless already provided before execution of the agreement.
• The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into 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 on the day after the consumer, or a representative designated in advance and made known to the entrepreneur, receives the product.

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

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, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. Notification must be made by written message 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 prove that the goods were returned on time, for example by means of proof of shipment.

If the customer has not expressed the intention to exercise their right of withdrawal and/or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, 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 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 withdrawal, provided that the product has already been received back 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 only applies if the entrepreneur clearly stated this in the offer or at least in time before concluding the agreement.

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

• Created by the entrepreneur according to the consumer’s specifications.
• Clearly personal in nature.
• Which by their nature cannot be returned.
• Which can spoil or age quickly.
• Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.
• Individual newspapers and magazines.
• Audio and video recordings and computer software whose seal has been broken by the consumer.
• Hygienic products whose seal has been broken by the consumer.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market beyond the entrepreneur’s control. This dependency on fluctuations and the fact that any stated prices are indicative prices shall be mentioned 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 conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• They result from statutory regulations or provisions.
• The consumer has the right to terminate the agreement effective from the day the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or 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 agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims 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. 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 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 entrepreneur’s instructions and/or the instructions on 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 Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

Subject to 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 or can only partially be executed, 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 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 endeavor to provide a replacement item. At the latest upon delivery, it shall be clearly and understandably stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.

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

Article 12 – Extended Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and relating to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned 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.
• Always with the same notice period as stipulated by the entrepreneur for themselves.

Renewal

An agreement entered into for a definite period and relating to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

Contrary to the previous paragraph, an agreement entered into for a definite period and relating to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and relating to the regular delivery of products or services may only be tacitly renewed 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 agreements for regular but less than monthly delivery of daily, news and weekly newspapers and magazines.

An agreement of limited duration 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.

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 oppose termination before the agreed duration has ended.

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 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 has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.

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 acknowledgment 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 dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Even if the consumer resides abroad.