General Terms and Conditions

Terms and Conditions

Article 1 – Definitions In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer may exercise their right of withdrawal. Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur. Day: Calendar day. Ongoing transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time. Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: The option 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 remotely to consumers. Distance contract: A contract whereby, within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract. Means of distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time. General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal The consumer has the right to cancel 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 its packaging with care. If the consumer exercises their right of withdrawal, they shall return the product with all accessories and, where possible, in its original condition, in accordance with reasonable instructions from the entrepreneur.

Article 3 – Applicability These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded 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 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 to the consumer as soon as possible upon request. If the distance contract is concluded electronically, the text of these general terms and conditions may, prior to the conclusion of the contract, 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 where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may, in the event of conflicting terms and conditions, always rely on the applicable provision that is most favourable to them. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the scope of the original as closely as possible. Situations not covered by 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 of our terms and conditions shall 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 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 products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are 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 contract. Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • Any shipping costs.
  • The manner in which the contract will be concluded and what actions are required for this.
  • Whether or not the right of withdrawal applies.
  • The method of payment, delivery, and performance of the contract.
  • The deadline for accepting the offer, or the period within which the entrepreneur guarantees the price.
  • The rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used.
  • Whether the contract 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 data provided by them in the context of the contract before the contract is concluded.
  • Any other languages in which, in addition to English, 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 an ongoing transaction.
  • Optionally: available sizes, colours, 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 out therein. If the consumer has accepted the offer electronically, the entrepreneur shall promptly 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 cancel the contract. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures. The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to entering into a responsible distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance. The entrepreneur shall provide the consumer with the following information in writing, or in a manner that allows the consumer to store it accessibly on a durable medium, along with the product or service:

  • The address of the entrepreneur's establishment where the consumer can go with complaints.
  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  • Information about warranties and existing after-sales service.
  • The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance of the contract.
  • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery. Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal Upon the purchase of products, the consumer has the option to cancel the contract without giving reasons within 30 days. This cooling-off period begins on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all accessories and, where reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. The consumer must do so by means of a written notice or email. After the consumer has indicated their wish to exercise the right of withdrawal, they must return the product within 30 days. The consumer must provide proof that the goods were returned in time, for example by means of proof of postage. If the customer has not indicated their wish to exercise the right of withdrawal and/or has not returned the product to the entrepreneur after the expiry of 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 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. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return 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 of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:

  • That have been produced by the entrepreneur in accordance with the consumer's specifications.
  • That are clearly of a personal nature.
  • That cannot be returned by their nature.
  • That can deteriorate or age quickly.
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
  • For individual newspapers and magazines.
  • For media and video recordings and computer software where the consumer has broken the seal.
  • For hygiene products where 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 resulting from changes in VAT rates. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer. Price increases within three months of the conclusion of the contract are only permitted if they result from 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:

  • They result from statutory regulations or provisions.
  • The consumer has the right to cancel 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 at the incorrect price.

Article 10 – Conformity and Warranty The entrepreneur warrants that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force at the date of the conclusion of the contract. If agreed, the entrepreneur also warrants that the product is suitable for purposes other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may 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. Return of the products must be made 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 modified the delivered products themselves or has had them repaired and/or modified by third parties.
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur's instructions and/or instructions on the packaging.
  • The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance The entrepreneur shall exercise the greatest possible care when receiving and processing orders for products. Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly 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 be executed or can only be partially executed, the consumer shall be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and is entitled to any compensation. In the event of cancellation 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 cancellation. If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavour to make a replacement item available. At the time of delivery at the latest, this will be communicated in a clear and comprehensible manner. 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 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 – Ongoing Transactions: Duration, Cancellation, and Renewal

Cancellation The consumer may cancel a contract entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to agreed cancellation rules and a notice period of no more than one month. The consumer may cancel a contract entered into for a definite period and which involves the regular delivery of products (including electricity) or services at any time before the end of the specified period, subject to agreed cancellation rules and a notice period of no more than one month. The consumer may cancel the contracts referred to in the previous paragraphs:

  • At any time and is not restricted to cancellation at a specific time or during a specific period.
  • At minimum in the same manner as they were entered into.
  • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal A contract entered into for a definite period and which involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. By way of exception to the previous paragraph, a contract entered into for a definite period and which involves the regular delivery of daily, news, and weekly papers and magazines may be tacitly renewed for a definite period of no more than three months, provided the consumer can cancel the renewed contract at the end of the renewal period with a notice period of no more than one month. A contract entered into for a definite period and which involves the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel 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 a contract involving the regular but less than monthly delivery of daily, news, and weekly papers and magazines. A contract of limited duration for the regular introductory delivery of daily, news, and weekly papers and magazines (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 cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within seven business days of the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract. The consumer has an obligation to immediately report any 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 reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure Complaints about the performance of the contract must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has identified the defects. Complaints submitted to the entrepreneur will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement 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 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, at its discretion, 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 apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.