General terms and conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can make use of their right of withdrawal.

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

  • Day: Calendar day.

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

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

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

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

  • Distance agreement: An agreement 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 agreement.

  • Technique for distance communication: A means that can be used to conclude an agreement without the consumer and entrepreneur having gathered in the same room 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 withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and the packaging with care. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if possible, in its original condition, in accordance with 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 agreement concluded and orders placed between the entrepreneur and the consumer. Before the distance agreement 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 agreement 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 agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement 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 data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. 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 in the event of conflicting general terms and conditions, the consumer may always rely on 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 shall otherwise remain in force, and the relevant provision will be replaced immediately by mutual agreement with a provision that approaches the scope of the original as closely as possible. Situations not regulated in 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 and conditions 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 manifest errors in the offer do not bind the entrepreneur. All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

  • Any costs of shipping.

  • The manner in which the agreement 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 agreement.

  • The deadline for accepting 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 agreement 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 agreement, can check and, if desired, correct the data provided by them in the context of the agreement.

  • Any other languages in which, in addition to Dutch, the agreement can be concluded.

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

  • The minimum duration of the distance agreement in the event of a duration transaction.

  • Optional: available sizes, colors, type of materials.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.

  2. If the consumer has accepted the offer electronically, the entrepreneur will 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 agreement.

  3. 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 observe appropriate security measures.

  4. 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 agreement. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, they are entitled to refuse an order or request, providing motives, or to attach special conditions to the execution.

  5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

    • The visiting address of the entrepreneur's establishment where the consumer can go with 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 about guarantees and existing after-sales service.

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

    • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

  6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

 

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 30 days.

  2. 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.

  3. During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

  4. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

  5. If the consumer wishes to make use of their right of withdrawal, they are obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must do this by means of a written notice or e-mail.

  6. After the consumer has made it known that they wish to make use of their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

  7. If the customer has not made it known that they wish to use 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

  1. If the consumer exercises their right of withdrawal, the costs of returning the products are for the consumer's account.

  2. 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. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be provided.

 

 

Article 8 – Exclusion of the Right of Withdrawal

  1. 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 good time before the conclusion of the agreement.

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

    • That have been created by the entrepreneur in accordance with the consumer's specifications.

    • That are clearly personal in nature.

    • That cannot be returned due to their nature.

    • That can spoil 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 audio and video recordings and computer software of which the consumer has broken the seal.

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

 

 

Article 9 – The Price

  1. 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.

  2. Notwithstanding 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, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

  3. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

  4. Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

    • They are the result of statutory regulations or provisions.

    • The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

  5. 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

  1. The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.

  2. 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 agreement.

  3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returns of products must be in the original packaging and in new condition.

  4. 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.

  5. 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 conditions or have otherwise been 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

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products.

  2. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.

  3. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will receive notice of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.

  4. 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 30 days after dissolution.

  5. 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.

  6. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.

  7. 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 – Duration Transactions: Duration, Termination, and Extension

Termination

  1. The consumer may terminate an agreement 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.

  2. The consumer may terminate an agreement entered into for a definite 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.

  3. The consumer may terminate the agreements 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 4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period. 5. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month. 6. An agreement entered into for a definite 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 agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. 7. An agreement 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 8. 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 oppose termination before the end of the agreed duration.

 

 

Article 13 – Payment

  1. 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.

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

  3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

  4. In the event of non-payment 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

  1. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.

  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

  3. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

  5. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

  6. 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

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

  2. This also applies if the consumer resides abroad.