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 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.

Continuing 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 personally to them in a way that allows future consultation and unchanged 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 to consumers remotely.

Distance contract: A contract whereby, within the framework of a system organised by the entrepreneur for distance selling 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 contract.

Technique for distance communication: A means that can be used to conclude a contract, without the consumer and entrepreneur being present 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 contract within a cooling-off period of 30 days without giving reasons. During the cooling-off period, the consumer will handle the product and packaging with care.

 

If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably 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 orders concluded between the entrepreneur and 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 are available for inspection at the entrepreneur's premises and 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, notwithstanding the previous paragraph and before the distance contract is concluded, be provided to the consumer electronically in such a way that it can easily be stored by the consumer 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 consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise 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 in the event of conflicting general terms and conditions, the consumer may always invoke 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 voidable, then the contract and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.

 

Situations not regulated 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 validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to amend and adjust the offer.

 

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer.

 

If the entrepreneur makes use of images, these are a true 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 true representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

 

Every offer shall contain 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 period for acceptance of the offer, or alternatively 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 contract is 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 may 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 a continuing transaction.

•       Optional: available sizes, colours, type 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 therein.

 

If the consumer accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

 

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

 

The entrepreneur may – within legal frameworks – inform itself whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good grounds on the basis of this investigation to refuse to enter into the contract, it is entitled to refuse an order or request with reasons, or to attach special conditions to performance.

 

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 medium:

•       The visiting address of the entrepreneur's premises 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 notice of 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 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 a continuing transaction, the provision in the previous paragraph only applies to the first delivery. Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

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

 

This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, has received the product.

 

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

 

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 30 days of receiving the product. Notification must be made by the consumer by means of a written notice or email.

 

After the consumer has indicated they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of postage.

 

If the customer has not indicated they wish to exercise their 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 are at the consumer's expense.

 

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but within 30 days of withdrawal at the latest. The condition is 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 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, 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 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 media and audio/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 products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

 

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 stated prices are guide 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 terminate 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 guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing at the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

 

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims the consumer may assert against the entrepreneur under the contract.

 

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

 

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is, however, 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 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 Performance

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

 

Subject to what is stated about this in Article 4 of these general terms and conditions, the company will 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 will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.

 

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.

 

If delivery of an ordered product proves impossible, the entrepreneur will endeavour to make a replacement article available. No later than at delivery, it will be communicated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are at the entrepreneur's expense.

 

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 – Continuing Transactions: Duration, Cancellation and Renewal

Cancellation

The consumer may terminate a contract of indefinite duration for 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 terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time until the end of the fixed term, subject to agreed cancellation rules and a notice period of no more than one month.

 

The consumer may terminate the contracts mentioned in the previous paragraphs:

•       At any time and is not restricted to termination at a specific time or in a specific period.

•       At least in the same manner as they were entered into.

•       Always with the same notice period as the entrepreneur has stipulated for itself.

 

Renewal

A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

 

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

 

A fixed-term contract for 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 the case of a contract for the regular but less than once monthly delivery of daily, news and weekly newspapers and magazines.

 

A contract with a limited duration for the regular introductory delivery of daily, news and weekly newspapers 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 terminate the contract 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 term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be settled within seven working days after 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 commences after the consumer has received confirmation of the contract.

 

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

 

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

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within seven days of the consumer discovering the defects.

 

Complaints submitted to the entrepreneur will be answered within a period of 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 acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

 

If a 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 indicates otherwise in writing.

 

If a complaint is found to be valid 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 general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.