General terms and conditions

 

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

  • Cooling-off period: The period within which the consumer may exercise their right of withdrawal.

  • Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Duration transaction: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.

  • Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that allows for future consultation and unaltered reproduction of the stored information.

  • Right of withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period.

  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.

  • Distance contract: A contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

  • Technique for distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur having met simultaneously 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 a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and the packaging with care. If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if possible, in its original condition, 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 orders placed 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 will 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 as soon as possible at the consumer's request. If the distance contract is concluded electronically, 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 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 free of charge at the consumer's request, either electronically or otherwise. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the contract and these terms shall remain in effect, and the relevant provision shall be replaced immediately in mutual consultation by a provision that approaches the scope of the original as closely as possible. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms must 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 subject to conditions, this will be expressly 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 a proper assessment of the offer by the consumer. 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 be grounds for compensation or dissolution of the contract. Images accompanying products are a true representation of the products offered. 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 attached to the acceptance of the offer. This concerns in particular:

  • Any shipping costs.

  • The manner in which the contract will be concluded and which actions are required for this.

  • Whether or not the right of withdrawal applies.

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

  • The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.

  • The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.

     

  • Whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer.

     

  • The way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in the context of the contract.

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

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

  • The minimum duration of the distance contract in the case of a duration transaction.

  • Optional: available sizes, colors, type 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 complies with the conditions set thereby. 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 observe appropriate security measures. The entrepreneur may — within legal frameworks — inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or application or to attach special conditions to the execution, while providing reasons. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. The visiting address of the entrepreneur's establishment where the consumer can go with complaints.

  2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

  3. Information about guarantees and existing after-sales service.

  4. The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the contract.

     

  5. The requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Every contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

     

Article 6 – Right of Withdrawal

Upon purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur. During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise 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 are obliged to make this known to the entrepreneur within 30 days of receiving the product. The consumer must make this known via a written message or email. After the consumer has made it known that they wish to use their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment. If the customer has not made it known that they wish 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 have expired, the purchase is a fact.

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 paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the 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 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:

 

  1. Created by the entrepreneur in accordance with the consumer's specifications.

     

  2. That are clearly personal in nature.

  3. Which by their nature cannot be returned.

  4. That can spoil or age quickly.

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

  6. For individual newspapers and magazines.

  7. For audio and video recordings and computer software of which the consumer has broken the seal.

  8. For hygienic products of which the consumer has broken the seal.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices 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 statutory regulations or provisions. Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

 

  1. They are the result of statutory regulations or provisions.

  2. The consumer has the authority to terminate the contract with effect from the day on which 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 event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to 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 reliability and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The 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 processed the delivered products themselves or had them repaired and/or processed 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 on the packaging.

     

  • The defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

     

Article 11 – Delivery and Execution

The entrepreneur will observe 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 will execute accepted orders expeditiously but no later than within 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 partially executed, the consumer will be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation. In the event 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 within 30 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being 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 the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination The consumer may terminate a contract entered into for an indefinite period and which extends to 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 a contract entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month. The consumer can terminate the contracts mentioned in the previous paragraphs:

 

  • At any time and not be limited to termination at a specific time or in a specific period.

  • At least in the same way as they were entered into by them.

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

Extension A contract entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration. In deviation from the previous paragraph, a contract entered into for a fixed period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month. A contract entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically 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 cooling-off period as referred to in Article 6, paragraph 1. In the event of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur. In the event of default 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 about the execution of the contract 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 will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.

 

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.