General Terms and Conditions

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

Reflection period: The period within which the consumer may exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract relating to a series of products and/or services, for which the obligation of delivery and/or purchase is spread over time.
Durable data carrier: 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 possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Means that can be used for concluding a contract, without the consumer and the entrepreneur being simultaneously present in the same space.
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 reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and the packaging with care.

If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition to the entrepreneur, in accordance with 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 shall be made available to the consumer. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store them easily on a durable data carrier. 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 free of charge to the consumer electronically or otherwise upon request.

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

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced promptly by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall likewise 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 made subject to conditions, this shall be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable 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 obvious errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to any compensation or dissolution of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed will correspond exactly to 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 the acceptance of the offer. This concerns in particular:

Any shipping costs.
The manner in which the contract will be concluded and which actions are required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery and execution of the contract.
The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
The level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the used communication medium.
Whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer.
The way in which the consumer, before the conclusion of the contract, can check the data they have provided in the context of the contract and, if desired, correct them.
Any other languages in which, in addition to Dutch, the contract may 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 contract in the event of a long-term transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The contract
Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the 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 shall take appropriate technical and organizational measures for the security of the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

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

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 exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
The information concerning warranties and existing after-sales service.
The data referred to in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.
The requirements for termination of the contract if the contract 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. Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for a period of 30 days.

This reflection period starts on the day after the product is received by the consumer or by a representative previously designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product.

If the consumer makes use of the right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of the right of withdrawal, they are obliged to notify the entrepreneur of this within 30 days after receiving the product. The consumer shall notify the entrepreneur by means of a written message or by e-mail.

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

If the consumer has not, after the expiry of the periods mentioned in paragraph 2 and 3, clearly indicated that they wish to make use of the right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal
If the consumer makes use of the right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition for this is that the product has already been received back by the entrepreneur, or that conclusive proof of complete return can be presented.

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. Exclusion of the right of withdrawal applies only 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 created by the entrepreneur in accordance with the consumer’s specifications.
That are clearly of a personal nature.
That, by reason of their nature, cannot be returned.
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
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes as a result of changes in VAT rates.

Contrary to 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 susceptibility to fluctuations and the fact that any prices quoted are target prices shall be stated in the offer.

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

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

These are the result of statutory regulations or provisions; or
The consumer is authorized 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, with the specifications stated in the offer, with reasonable requirements of soundness and/or usability and with the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

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

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

The warranty period of the entrepreneur corresponds to the factory 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.

The warranty does not apply if:

The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties.
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging.
The defect is wholly or partly the result of regulations that the government has set or will set in respect of the nature or quality of the materials used.

Article 11 – Delivery and execution
The entrepreneur shall exercise the greatest possible care when receiving orders for products and when assessing requests for the provision of services and in the execution thereof.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but 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 carried out or can only be carried out partially, the consumer will be informed of this no later than 30 days after they have placed the order. In such a case, the consumer has the right to dissolve the contract free of charge and the right to possible 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 at the latest within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered.

For 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 to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and extension

Termination
The consumer may terminate a contract that has been concluded for an indefinite period and that 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.

The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

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

At any time and shall not be restricted to termination at a specific time or during a specific period.
At least in the same way as they were entered into by the consumer.
Always with the same notice period as the entrepreneur has stipulated for themselves.

Extension
A contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, a contract that has been concluded for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.

A contract that has been concluded for a definite period and that 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 the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration for the regular introduction delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end 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 duration.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the reflection period referred to in Article 6 paragraph 1.

In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

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

Article 14 – Complaints procedure
Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the entrepreneur will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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

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 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 governed exclusively by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

This choice of law applies even if the consumer resides outside the Netherlands, without prejudice to any mandatory consumer protection provisions that may apply under the law of the consumer’s country of residence.