General terms and conditions

Article 1 – Definitions
In these terms and conditions, the following terms are understood to mean:
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.
Continuous transaction: A distance contract related to a series of products and/or services, for which the delivery and/or acceptance obligations are spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information that is addressed personally to them in a way that makes it possible for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: A contract in the context of a system organized by the entrepreneur for distance selling of products and/or services, in which only one or more techniques for remote communication are used up to the conclusion of the contract.
Remote communication technique: A means that can be used to conclude a contract, without the consumer and entrepreneur simultaneously being in the same room.
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 contract within 30 days without giving any reason. During the cooling-off period, the consumer must handle the product and packaging carefully.
If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if possible, in its original condition, in accordance with reasonable instructions from the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to any offer from the entrepreneur and any distance contract and orders between the entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 are available for inspection by the entrepreneur and will be sent to the consumer free of charge upon request.
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 provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and in the case 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 in these general terms and conditions are at any time entirely or partially invalid or voided, the contract and these terms and conditions shall remain in effect for the remainder, and the relevant provision will be replaced by a provision that closely resembles the original intent through mutual agreement.
Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must 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 will 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 offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
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 may not serve as grounds for compensation or cancellation 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 actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

  • The possible shipping costs.

  • The method by which the contract will be concluded and what actions are required for that.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery, and execution of the contract.

  • The time frame within which the offer must be accepted, or the period during which the entrepreneur guarantees the price.

  • The communication costs if the cost of using remote communication techniques is based on something other than the regular basic rate for the communication means used.

  • Whether the contract will be archived after conclusion and, if so, how the consumer can access it.

  • How the consumer can check and, if desired, correct the data they provided in the context of the contract before concluding the agreement.

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

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

  • The minimum duration of the distance contract in the case of a continuous 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 set for it.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer may cancel the contract.
If the contract 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 as well.
The entrepreneur may – within legal limits – inform themselves whether the consumer can fulfill their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this research, they are entitled to refuse an order or application with a reasoned explanation or attach special conditions to its execution.
When delivering the product or service to the consumer, the entrepreneur will provide the following information, either in writing or in such a way that the consumer can easily store it on a durable medium:

  • The physical 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 notice of the exclusion of the right of withdrawal.

  • Information on guarantees and after-sales service.

  • The details referred to in Article 4(3) of these terms, unless the entrepreneur has already provided these details to the consumer before the execution of the contract.

  • The requirements for cancellation of the contract if the contract lasts more than one year or is of indefinite duration.
    In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery. Each contract is entered into 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 cancel the contract without giving any reason within 30 days.
This cooling-off period begins on the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product should only be unpacked or used to the extent necessary to assess whether they wish to keep the product.
If they use their right of withdrawal, the consumer must return the product with all delivered accessories and, if reasonably possible, in its original state and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to use 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 email.
After the consumer has notified the entrepreneur of their intention to exercise their 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 providing a 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 within the periods mentioned in paragraphs 2 and 3, the purchase will be final.

Article 7 – Costs in the Event 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 will refund this amount as soon as possible, but no later than 30 days after the withdrawal, provided that the product has been received by the entrepreneur or there is conclusive proof of the complete return.

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 of the right of withdrawal only applies if the entrepreneur has clearly mentioned this in the offer, at least in a timely manner before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:

  • Made by the entrepreneur according to the consumer's specifications.

  • Clearly personal in nature.

  • That by their nature cannot be returned.

  • That can spoil or age quickly.

  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control.

  • For single newspapers and magazines.

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

  • For hygienic products if the consumer has broken the seal.

Article 9 – 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 tied to fluctuations in the financial market and which are beyond the entrepreneur's control at variable prices. This dependency on fluctuations and the fact that any prices listed are indicative, will be stated in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
Price increases after three months following the conclusion of the contract are only permitted if the entrepreneur has agreed to this, and:

  • These are the result of legal regulations or provisions.

  • The consumer has the right to cancel the contract starting from the day the price increase takes effect.
    All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing 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 applicable legal provisions and/or government regulations in effect on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims they can exercise against the entrepreneur based on the agreement.
Any defects or incorrect deliveries must be reported in writing to the entrepreneur within 30 days of 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 final 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 allowed third parties to do so.

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

  • The defect is entirely or partially due to regulations set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing orders for products.
In accordance with what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time.
If delivery is delayed, or if an order cannot be fully or partially executed, the consumer will be notified within 30 days of placing the order. In that case, the consumer has the right to cancel the contract without any costs and may be entitled to compensation.
In the event of cancellation according to the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 30 days after cancellation.
If the delivery of an ordered product proves impossible, the entrepreneur will make efforts to make a replacement item available. At the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return are for the entrepreneur's account.
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 by the consumer, unless otherwise agreed.

Article 12 – Continuous Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer can cancel a contract concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a maximum notice period of one month.
The consumer can cancel a contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed cancellation rules and a maximum notice period of one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:

  • At any time and is not limited to cancellation at a certain time or within a certain period;

  • At least in the same way as they were entered into by the consumer;

  • Always with the same notice period as the entrepreneur has agreed to for themselves.

Extension
A contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a fixed duration.
In deviation from the previous paragraph, a contract concluded for a fixed period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines can be tacitly extended for a fixed duration of up to three months, provided the consumer can cancel 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 and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a maximum notice period of three months in the case of agreements aimed at delivering daily, news, and weekly newspapers and magazines less than once a month.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.
Duration
If a contract has a duration of more than a year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation 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 cooling-off period as referred to in Article 6(1).
In the case of a contract for the provision of services, this period starts after the consumer has received confirmation of the contract.
The consumer is obligated to immediately inform the entrepreneur of any inaccuracies in the provided or stated payment details.
In the case of non-payment by the consumer, the entrepreneur has, subject to legal limitations, the right to charge reasonable costs that were previously communicated to the consumer.

Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has noticed the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.
If a complaint requires 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 agreement, a dispute arises which is subject to the dispute resolution process.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If a complaint is found to be valid by the entrepreneur, the entrepreneur will choose to either replace the delivered products free of charge or repair them.

Article 15 – Disputes
The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed solely by Dutch law.
Even if the consumer resides abroad.