Terms and Conditions
Article 1 – Definitions
In these general terms and conditions, the following terms are defined as:
- Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
- Consumer: a natural person who is not acting for purposes related to a profession or business and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract related to a series of products and/or services where the delivery and/or performance is spread over time;
- Durable data carrier: any medium that allows the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;
- Right of withdrawal: the ability of the consumer to cancel 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 concluded between the entrepreneur and the consumer within a system for distance selling of products and/or services, using one or more techniques for distance communication, until the conclusion of the agreement;
- Distance communication technique: a means that allows the agreement to be concluded without the consumer and entrepreneur being in the same room;
- General terms and conditions: these general terms and conditions of the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and every distance agreement and order between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s location and will be sent to the consumer free of charge upon request. If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, be made available to the consumer electronically, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer, either electronically or in another way, free of charge upon request. In the case that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always invoke the provision most favorable to them. If one or more provisions of these general terms and conditions are found to be invalid or void, the agreement and these terms remain in effect for the rest, and the invalid provision will be replaced by an equivalent provision through mutual consultation. Situations not covered by these terms should be assessed in the spirit of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of these terms should 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 change and adjust the offer. The offer includes a full and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make an informed assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or contract dissolution. 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 sufficient information for the consumer to clearly understand the rights and obligations attached to the acceptance of the offer. This includes, in particular: any shipping costs; the method by which the agreement will be concluded and the steps required for this; whether the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the period during which the offer can be accepted, or the period within which the entrepreneur guarantees the price; the applicable communication charges if the cost of using a communication technique is calculated on a basis other than the regular basic rate for the used communication method; whether the agreement will be archived after it is concluded, and if so, how the consumer can access it; the way in which the consumer can check and, if desired, correct the data they provided in the context of the agreement before concluding the agreement; any other languages in which the agreement can be concluded in addition to Dutch; the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the case of a duration transaction. Optional: available sizes, colors, materials.
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the associated conditions, subject to the provision in paragraph 4. If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as this receipt has not been confirmed by the entrepreneur, the consumer can cancel 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. The entrepreneur can – within legal frameworks – check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse a purchase or request or attach special conditions to the execution. The entrepreneur will provide the consumer with the following information in writing or in such a way that it can be stored by the consumer on a durable data carrier:
a. the visit address of the entrepreneur's establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for cancellation if the agreement 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 sentence only applies to the first delivery. Every agreement is concluded under the condition that the relevant products are sufficiently available.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement without providing a reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer. 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 assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, the consumer must return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the items were sent back in time, such as by providing proof of shipment. If the consumer fails to notify the entrepreneur within the specified timeframes or does not return the product, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer uses their right of withdrawal, the costs for returning the products are at the consumer's expense. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the entrepreneur or proof of complete return is provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only applicable if the entrepreneur clearly mentions it in the offer or at least in time before the agreement is concluded. The right of withdrawal may be excluded for products:
a. made by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that, by their nature, cannot be returned;
d. that may spoil or age quickly;
e. whose price is linked to fluctuations in the financial market outside the entrepreneur's control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer;
h. for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is also possible for services:
a. related to accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a certain period;
b. where the delivery began with the consumer’s express consent before the cooling-off period expired;
c. concerning gambling and lotteries.
Article 9 – Price
During the validity period specified 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 can offer products or services whose prices are tied to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. The link to fluctuations and the fact that any listed prices are indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. They are the result of legal regulations or provisions; or
b. The consumer has the right to terminate the agreement on the day the price increase comes into effect.
All prices are subject to typographical and printing errors. The entrepreneur accepts no liability for the consequences of typographical and printing errors. In the case of typographical and 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 mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations on the date the agreement was concluded.
If agreed, 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 legal rights and claims that the consumer can assert under the agreement with the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The return of products must take place in the original packaging and in new condition.
The warranty period of the entrepreneur 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:
- The consumer has repaired or modified the delivered products themselves, or had them repaired or modified by a third party;
- The delivered products have been exposed to abnormal conditions, mishandled, or treated in violation of the entrepreneur's instructions and/or packaging instructions;
- The defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur will exercise the greatest care when receiving and executing orders for products.
Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due haste, but at the latest within 30 days, unless the consumer has agreed to a longer delivery time.
If delivery is delayed or if an order cannot be (partially) executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the agreement without any costs and is entitled to any 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 at the latest within 14 days after cancellation.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a substitute item. The entrepreneur will notify the consumer of the substitution at the time of delivery in a clear and understandable manner.
For substitute items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative of the consumer designated in advance and known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-Term Transactions: Termination and Extension
Termination:
The consumer may terminate an agreement concluded for an indefinite period, which involves 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 concluded for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time, before the end of the agreed period, subject to the 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 restricted 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 the entrepreneur has agreed to for themselves.
Extension:
An agreement concluded for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be extended or renewed tacitly for a fixed period.
Notwithstanding the previous paragraph, an agreement concluded for a fixed period, which involves the regular delivery of daily, news, weekly newspapers, and magazines, may be extended tacitly for a maximum period of three months, provided 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 concluded for a fixed period, which involves the regular delivery of products or services, may only be extended tacitly 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 that involve the delivery of daily, news, and weekly newspapers and magazines less than once a month.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will automatically end after the purchase 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 fairness and reasonableness prevent termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 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 once the consumer has received confirmation of the agreement.
The consumer has an obligation to notify the entrepreneur immediately of any inaccuracies in the provided or stated payment details.
In case of default by the consumer, the entrepreneur, unless legally restricted, has the right to charge the reasonable costs incurred, which were communicated 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 7 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 foreseeably 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 that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur has stated otherwise in writing.
If the entrepreneur considers a complaint to be valid, they will, at their choice, either replace or repair the delivered products at no cost.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.