General terms and conditions

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

  • Cooling-off period: The period during which the consumer can 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.

  • Long-term transaction: A distance contract concerning a series of products and/or services, the delivery and/or performance of which is spread over time.

  • Durable medium: 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 ability 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 to consumers at a distance.

  • Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, in which, up to and including the conclusion of the contract, only one or more means of distance communication are used.

  • Means of distance communication: Any instrument that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same location.

  • Terms and Conditions: These Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a 30-day cooling-off period without giving any reason. During the cooling-off period, the consumer must handle the product and its packaging with care.

If the consumer exercises their right of withdrawal, they must return the product along with all delivered accessories and, where possible, in its original condition, following the reasonable instructions of the entrepreneur.

Article 3 – Applicability
These terms and conditions apply to every offer by the entrepreneur, as well as to every distance contract and order concluded between the entrepreneur and the consumer.

Before a distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed, prior to concluding the distance contract, that the terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions can 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, the consumer will be informed, prior to concluding the distance contract, where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.

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

If one or more provisions in these terms and conditions are at any time wholly or partially invalid or annulled, the contract and these terms and conditions will remain in effect in all other respects, and the invalid or annulled provision will be replaced, after consultation, by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these terms and conditions shall be assessed “in the spirit” of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions shall also be interpreted “in the spirit” of these terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur reserves the right 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 make a proper assessment of the offer.

If the entrepreneur uses images, these are a truthful 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 give rise to claims for compensation or dissolution of the contract. Product images are a truthful representation of the products offered, but the entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.

Each offer contains sufficient information so that the consumer is clearly informed about the rights and obligations associated with accepting the offer. This includes, in particular:

  • Any shipping costs.

  • How the contract will be concluded and the steps required to do so.

  • Whether 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 during which the entrepreneur guarantees the price.

  • The cost of using means of distance communication if these costs are calculated on a basis other than the standard rate for the used communication method.

  • 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 information they provided before concluding the contract.

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

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

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

  • Optionally: available sizes, colors, and types of materials.

Article 5 – The Contract
The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until receipt of this confirmation is acknowledged by the entrepreneur, the consumer may dissolve 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 safe web environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures.

Within the limits of the law, the entrepreneur may investigate whether the consumer is able to meet their payment obligations, as well as any facts or factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The entrepreneur will provide the consumer, along with the product or service, with the following information, in writing or in a form that can be stored by the consumer in an accessible way on a durable medium:

  • The physical address of the entrepreneur’s establishment where the consumer can submit complaints.

  • The conditions and procedure for exercising the right of withdrawal, or a clear notice if the right of withdrawal is excluded.

  • Information regarding warranties and existing post-purchase services.

  • The information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this to the consumer before the performance of the contract.

  • Requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery. Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

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 reflection period begins the day after the consumer, or a representative designated in advance by the consumer and known to the entrepreneur, receives the product.

During the reflection period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it.

If the consumer exercises their right of withdrawal, they must return the product along with all delivered accessories and, where reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 30 days of receiving the product. Notification must be made in writing or by email.

After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the items were returned on time, for example, via a shipping receipt.

If the consumer has not informed the entrepreneur within the periods mentioned in paragraphs 2 and 3 and/or has not returned the product, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is conditional upon the product being received by the entrepreneur or proof of complete return being 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 applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the contract is concluded.

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

  • That are created by the entrepreneur according to the consumer’s specifications.

  • That are clearly personal in nature.

  • That cannot be returned due to their nature.

  • That are likely to spoil or expire quickly.

  • Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control.

  • For loose newspapers and magazines.

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

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

Article 9 – The 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 resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This dependence on fluctuations and the fact that any listed prices are indicative will be stated in the offer.

Price increases within three months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are only allowed if the entrepreneur has agreed to this and:

  • They result from statutory regulations or provisions.

  • The consumer has the right to terminate the contract from the day the price increase takes effect.

All prices are subject to typographical errors. The entrepreneur accepts no liability for the consequences of typographical errors. In the event of 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 in force at the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any 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 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 has had them repaired and/or modified by third parties.

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

  • The defect is wholly or partly the result of government regulations 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 executing orders for products.

With due observance of the provisions stated in Article 4 of these Terms and Conditions, the company will execute accepted orders with due speed and at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge and is entitled to possible compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. 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 explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed term, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned above:

  • 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.

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

Renewal

An agreement concluded for a fixed term for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.

Notwithstanding the previous paragraph, an agreement concluded for a fixed term for the regular delivery of daily newspapers, news publications, and magazines may be tacitly renewed for a fixed term of up to three months, provided the consumer may 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 term for 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 with a notice period of no more than three months if the agreement concerns the regular, but less than once per month, delivery of daily newspapers, news publications, and magazines.

An agreement with a limited duration for the regular introductory delivery of daily newspapers, news publications, and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end 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 dictate otherwise before the end of the agreed term.

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 as referred to in Article 6 paragraph 1.

In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

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

Article 14 – Complaints Procedure

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

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 14 days 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 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 their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these Terms and Conditions apply are exclusively governed by Dutch law.

This also applies if the consumer resides abroad.