General 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 make use of their right of withdrawal.
- Consumer: the natural person who is not acting in the course 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 data carrier: any means that
enables the consumer or entrepreneur to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the stored information. - Right of withdrawal: the possibility for
the consumer to withdraw from 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: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the agreement.
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same place at the same time.
- General Terms and Conditions: these 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 stating any
reason. During this period, the consumer shall handle the product and its
packaging with care.
If the consumer exercises the right of
withdrawal, they shall return the product with all supplied accessories and, if
reasonably possible, in the original condition, following the 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 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, the entrepreneur shall indicate,
before the distance contract is concluded, how the general terms and conditions
can be inspected and that they will be sent free of charge at the consumer's
request.
If the distance contract is concluded
electronically, the text of these general terms and conditions may, by way of
derogation from the previous paragraph and before the contract is concluded, be
provided to the consumer electronically in such a way that the consumer can
easily store it on a durable data carrier. If this is not reasonably possible,
it will be indicated where the terms and conditions can be accessed
electronically and that they will be sent free of charge electronically or
otherwise upon request.
If specific product or service conditions
also apply in addition to these general terms and conditions, the second and
third paragraphs shall apply accordingly, and the consumer may always invoke
the applicable provision that is most favorable to them in the event of
conflicting general terms and conditions.
If any provision of these general terms and
conditions is at any time wholly or partially void or annulled, the rest of the
agreement and these terms and conditions shall remain in effect, and the
relevant provision will be replaced by mutual agreement by a provision that
approximates the intent of the original as closely as possible.
Situations not covered by these general
terms and conditions must be assessed in the spirit of these general terms and
conditions. Any ambiguities in the interpretation 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 made under certain conditions, this will be explicitly stated in the
offer. The offer is non-binding. The entrepreneur has the right to change and
amend the offer.
The offer contains a complete and accurate
description of the offered products and/or services. The description is
sufficiently detailed to enable a proper assessment of the offer by the
consumer.
If the entrepreneur uses images, these are
a true representation of the offered products and/or services. Obvious mistakes
or errors in the offer are not binding for the entrepreneur.
All images and specifications in the offer
are indicative and cannot give rise to compensation or the dissolution of the
agreement.
Images of products are a true
representation of the products offered. The entrepreneur cannot guarantee that
the displayed colors precisely match the real colors of the products.
Each offer contains such information that
it is clear to the consumer what rights and obligations are attached to the
acceptance of the offer. This includes in particular:
- Any shipping costs.
- The manner in which the agreement will be concluded and the actions required for this.
- Whether or not the right of withdrawal
applies. - The method of payment, delivery, and
execution of the agreement. - The term for acceptance of 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 method used.
- Whether the agreement will be archived after its 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 within the framework of the
agreement. - Any other languages in which the
agreement can be concluded, in addition to Dutch. - 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
contract in the case of a long-term transaction. - Optional: available sizes, colors,
material types.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the
offer and compliance with the associated conditions.
If the consumer has accepted the offer
electronically, the entrepreneur will immediately confirm receipt of the
acceptance electronically. As long as receipt of this acceptance has not been
confirmed by the entrepreneur, the consumer may 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 pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal
frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly
concluding a distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse
a request or order with reasons or to attach special conditions to the execution.
With the product or service, the
entrepreneur shall provide the consumer with the following information in
writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- The visiting address of the
entrepreneur's business location where the consumer can lodge complaints. - The conditions under which and the manner in which the consumer may use the right of withdrawal, or a clear statement
concerning the exclusion of the right of withdrawal. - Information about warranties and existing
after-sales services. - The data included in Article 4(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 termination of the agreement if the agreement has a duration of more than one year or is of
indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Each
agreement is entered into subject to the condition of sufficient availability
of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within a period of 30 days.
This cooling-off period begins on the day after the consumer, or a third party designated in advance by the consumer and known to the entrepreneur (who is not the carrier), has received the product.
During the reflection period, the consumer shall handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product.
If the consumer exercises their right of withdrawal, they shall return the product, including all accessories supplied and – if reasonably possible – in its original condition and packaging, in accordance with 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 of receiving the product. Notification must be made in writing or by email.
After the consumer has expressed the intention to withdraw, they must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example by means of a shipping receipt.
If the consumer has not made use of their right of withdrawal within the periods mentioned in paragraphs 2 and 3, and/or has not returned the product to the entrepreneur, the purchase is considered final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the return costs of the products shall be borne by 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 the withdrawal. This is subject to the condition that the returned product has already been received by the entrepreneur or conclusive proof of return has been 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.
Exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in good time before the conclusion of the
agreement.
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 spoil or age quickly;
- Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- Individual newspapers and magazines;
- Audio or video recordings and computer software for which the consumer has broken the seal;
- Hygienic products for which the seal has been broken by the consumer.
Article 9 – The Price
During the validity period stated in the
offer, the prices of the offered products and/or services shall not be
increased, except for price changes due to changes in VAT rates.
In deviation from 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 linkage to market fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
Price increases within three months after
the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
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; or - The consumer has the right to terminate the agreement 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 such
errors. In the case 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 agreement, the specifications stated
in the offer, reasonable requirements of soundness and/or usability, and the
existing legal provisions and/or government regulations on the date the
agreement was 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 under the agreement.
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 condition.
The warranty period provided by the
entrepreneur corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual use 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 were exposed to abnormal conditions or handled carelessly, or used contrary to the
entrepreneur’s instructions and/or those on the packaging; - The defect results entirely or partially
from government regulations regarding the nature or quality of the materials
used.
Article 11 – Delivery and Execution
The entrepreneur will take the utmost care when receiving and executing product orders.
Subject to what is stated in Article 4 of
these general terms and conditions, the company shall execute accepted orders
with due speed but no later than 30 days, unless a longer delivery period has
been agreed with the consumer.
If delivery is delayed, or if an order
cannot be fulfilled or can only be partially fulfilled, the consumer shall be
notified no later than 30 days after placing the order. In that case, the
consumer has the right to dissolve the agreement free of charge and may be
entitled to compensation.
In the event of dissolution in accordance
with the previous paragraph, the entrepreneur shall refund any 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 make every effort to make a replacement
article available. It will be clearly and comprehensibly stated upon delivery
that a replacement item is being delivered.
In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination,
and Renewal
Termination:
The consumer may terminate an agreement concluded for an indefinite period and which involves 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 a fixed-term agreement which involves 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:
- Cancel at any time and not be limited to cancellation at a specific time or in a given period;
- At least cancel in the same way as they
entered into the agreement;
- Always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Renewal:
A fixed-term agreement that involves the
regular delivery of products or services may not be automatically renewed or
extended for a fixed duration.
In deviation, a fixed-term agreement for
the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for regular delivery of products or services may only be extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, or three months in the case of an agreement involving delivery less than once per month.
An introductory or trial subscription for
newspapers or magazines shall not be automatically renewed and will end
automatically after the trial period.
Duration:
If an agreement has a duration of more than one year, the consumer may cancel the agreement 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 term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6(1).
In the case of a service agreement, this
period begins after the consumer receives confirmation of the agreement.
The consumer is obliged to report
inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer,
the entrepreneur, subject to legal restrictions, has the right to charge the
consumer reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the
agreement must be submitted to the entrepreneur fully and clearly described
within seven days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice 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 dispute resolution.
A complaint does not suspend the
entrepreneur’s obligations unless the entrepreneur indicates otherwise in
writing.
If a complaint is found to be justified by
the entrepreneur, the entrepreneur shall, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.