General terms of 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 course of business or profession and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract related to a series of products and/or services, where the delivery and/or purchase obligations are spread over time.
Durable medium: Any medium that enables the consumer or entrepreneur to store information that is personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
Distance contract: A contract where, as part of a system organized by the entrepreneur for distance selling of products and/or services, the contract is concluded exclusively using one or more remote communication techniques.
Remote communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same place.
General Terms and Conditions: These 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 providing a reason. During the cooling-off period, the consumer shall handle the product and packaging carefully.
If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and, if possible, in the original condition and packaging, according to reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and every distance contract and order 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 viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous section, and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can easily store it 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 electronically or otherwise free of charge upon request.
In cases where specific product or service terms also apply in addition to these general terms and conditions, the second and third sections apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced promptly by mutual agreement with a provision that most closely resembles the original meaning.
Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Ambiguities regarding the explanation 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 validity period or is subject to conditions, this will be clearly 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 allow the consumer to make an informed judgment about 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 cannot be grounds for compensation or cancellation of the agreement.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors 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 includes in particular:
-
The possible costs of delivery.
-
The way the agreement will be concluded and what actions are necessary.
-
Whether the right of withdrawal applies.
-
The method of payment, delivery, and execution of the agreement.
-
The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
-
The rate of communication on distance if the costs of using the technique for distance communication are based on something other than the regular basic rate for the communication method used.
-
Whether the agreement will be archived after conclusion and, if so, how it can be consulted by the consumer.
-
How the consumer can verify and, if desired, correct the data provided by them in connection with the agreement before concluding it.
-
Any other languages, in addition to Dutch, in which the agreement can be concluded.
-
The codes of conduct the entrepreneur has committed to and how the consumer can consult these codes electronically.
-
The minimum duration of the distance agreement in the case of a long-term transaction.
-
Optionally: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement 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 will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can dissolve 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 make payments electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant to a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with justification or attach special conditions to its execution.
The entrepreneur will provide the following information, either in writing or in such a way that it can be easily stored by the consumer 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 statement regarding the exclusion of the right of withdrawal.
-
Information on warranties and existing after-sales services.
-
The data mentioned in Article 4, paragraph 3, unless these have already been provided to the consumer before the execution of the agreement.
-
The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is for an indefinite period.
In the case of a long-term transaction, the provision in the previous section only applies to the first delivery. Every agreement 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 right to cancel the agreement without providing any reason within 30 days.
The cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer who is known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If they exercise the right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. The notification should be made via a written message or email.
Once the consumer has notified the entrepreneur that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the goods have been returned in time, for example by providing proof of dispatch.
If the consumer fails to notify within the periods mentioned in paragraphs 2 and 3, and/or the product has not been returned to the entrepreneur, the purchase is considered final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of 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 withdrawal, provided the product has already been received by the entrepreneur or proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
-
That have been created by the entrepreneur according to the consumer's specifications.
-
That are clearly personal in nature.
-
That by their nature cannot be returned.
-
That can spoil or age quickly.
-
Whose price is dependent on fluctuations in the financial market which the entrepreneur cannot control.
-
For single newspapers and magazines.
-
For media and video recordings and computer software whose seal has been broken by the consumer.
-
For hygiene products whose seal has been broken by the consumer.
Article 9 – Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, unless there are price changes due to changes in VAT rates.
In deviation from the previous section, the entrepreneur can offer products or services whose prices are tied to fluctuations in the financial market and which the entrepreneur cannot control, at variable prices. The dependency on fluctuations and the fact that the prices mentioned are indicative will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases more than three months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
-
They are the result of legal regulations or provisions.
-
The consumer has the right to terminate the agreement from the day the price increase takes effect.
All prices are subject to printing and typing errors. The entrepreneur is not liable 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, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement is 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 based on the agreement with the entrepreneur.
Any defects or incorrect deliveries must be reported to the entrepreneur in writing within 30 days after delivery. The products should be returned in their original packaging and in new condition.
The warranty period from 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 and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
-
The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or in violation of the instructions from the entrepreneur and/or the treatment instructions on the packaging.
-
The defect is entirely or partially due to government regulations regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care when receiving and executing orders for products.
With due regard to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If the delivery is delayed or if an order can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In case of dissolution according to the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product is impossible, the entrepreneur will make an effort to make a substitute product available. No later than at the time of delivery, it will be clearly and understandably indicated that a substitute product is being delivered.
In the case of substitute products, 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 previously designated and notified representative, unless otherwise agreed.
Article 12 – Long-Term Transactions: Duration, Termination, and Extension
Termination
The consumer can terminate an agreement that is concluded for an indefinite period and which is intended for the regular delivery of products (including electricity) or services at any time, respecting the agreed-upon termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that is concluded for a specific period and is intended for the regular delivery of products (including electricity) or services at any time, at the end of the specified period, respecting the agreed-upon termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous sections:
-
At any time and is not restricted to termination at a specific time or within a certain period;
-
At least in the same way as they were concluded;
-
Always with the same notice period that the entrepreneur has agreed for themselves.
Extension
An agreement concluded for a specific period and intended for the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a specific period.
In deviation from the previous section, an agreement concluded for a specific period and intended for the regular delivery of daily, weekly, and monthly newspapers and magazines may be tacitly extended for a specific period of up to three months, provided the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a specific period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement is for the regular delivery of daily, weekly, or monthly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) will not be extended tacitly and will end automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the agreed duration ends.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the cooling-off period as referred to in Article 6, paragraph 1.
In the case of an agreement for the provision of a service, this term begins after the consumer has received the confirmation of the agreement.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or indicated payment details.
In the event of non-payment by the consumer, the entrepreneur, unless restricted by law, has the right to charge reasonable costs, as previously made known to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within seven 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 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 through mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If the complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
This also applies if the consumer resides abroad.