General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: The period within which the consumer can 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 agreement with the entrepreneur.

Day: Calendar day.

Duration transaction: A distance agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation 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 possibility for the consumer to withdraw from the distance agreement within the reflection 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 organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

Technique for distance communication: A means that can be used for concluding an agreement, without the consumer and entrepreneur being 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 reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and packaging with care.

If the consumer makes use of their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions of the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.

Before the distance agreement 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 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 request of the consumer.

If the distance agreement is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance agreement is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.

If this is not reasonably possible, it shall be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

In the event that specific product or service conditions 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 rely on the applicable provision that is most favourable 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 remain in force for the rest, and the relevant provision shall be replaced without delay by mutual agreement by a provision that approaches the meaning 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.

Uncertainties about 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 validity period or is subject to conditions, this shall be expressly stated in the offer. The offer is non-binding. 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 the consumer to properly assess 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 compensation or dissolution of the agreement.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours 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 concerns in particular:

The possible shipping costs.

The manner in which the agreement 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 agreement.

The period for accepting the offer, or the period within which the entrepreneur guarantees the price.

The amount 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, besides English, 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 case of a duration transaction.

Optional: available sizes, colours and 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.

If the consumer has accepted the offer electronically, the entrepreneur shall 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 agreement.

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

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement.

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

The entrepreneur shall provide the consumer with the following information, 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 establishment of the entrepreneur where the consumer can go with complaints.

The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

Information about warranties and existing after-sales service.

The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information 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.

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 condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

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

This reflection 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.

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

If they make use of their right of withdrawal, they shall 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.

When the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. The consumer must make this known by means of a written message or email.

After the consumer has made 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 have been returned on time, for example by means of proof of shipment.

If the customer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3 that they wish to make use of their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer makes use of their right of withdrawal, the costs of returning the products are for the account of the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 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 shipment can be provided.

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. 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 concluding the agreement.

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

That have been created by the entrepreneur in accordance with the specifications of the consumer.

That are clearly personal in nature.

That cannot be returned due to their nature.

That can spoil or age quickly.

Whose price is bound to fluctuations in the financial market over which the entrepreneur has no influence.

For individual newspapers and magazines.

For media 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.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are bound to fluctuations in the financial market over which the entrepreneur has no influence. This binding to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of 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.

The consumer has the authority 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 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

The entrepreneur guarantees 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 legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

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

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

The warranty period of the entrepreneur 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.

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 circumstances or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or treated contrary to the packaging.

The defectiveness is wholly or partly 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

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

With due observance of what is stated about this in Article 4 of these general terms and conditions, the company shall execute accepted orders with competent speed but no later than within 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 shall be notified 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 the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. At the latest upon delivery, it shall be clearly and understandably stated that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Extension

Termination

The consumer may terminate an agreement entered into for an indefinite period and which concerns the regular delivery of products 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 an agreement entered into for a fixed period and which concerns the regular delivery of products or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

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 during a specific period.

At least terminate them in the same way as they were entered into by them.

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

Extension

An agreement entered into for a fixed period and which concerns the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

In deviation from the previous paragraph, an agreement entered into for a fixed period and which concerns the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of 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.

An agreement entered into for a fixed period and which concerns the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines, such as a trial or introductory subscription, shall not be tacitly continued and ends automatically after purchase of the trial or introductory period.

Duration

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

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

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

The consumer has the duty 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 legal restrictions, to charge the reasonable costs made known to the consumer 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 foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with an acknowledgement 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 obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its choice, 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.