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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 the right of withdrawal.

Consumer:
The natural person who does not act in the exercise of a profession or business and who 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 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 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:
A contract concluded within the framework of an organized system for distance selling of products and/or services, whereby 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 place at the same time.

Terms and Conditions:
These 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 any reason. During the cooling-off period, the consumer shall handle the product and its packaging with care.

If the consumer exercises the right of withdrawal, the product shall be returned with all supplied accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These 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 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 Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible upon request by the consumer.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.

In the event that specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting Terms and Conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these Terms and Conditions shall otherwise remain in effect, and the provision in question shall be replaced by mutual agreement as soon as possible by a provision that most closely reflects the original intent.

Situations not regulated in these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify 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 enable 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 colors exactly match 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 acceptance of the offer. This includes in particular:

Any shipping costs;
The manner in which the contract will be concluded and which actions are required;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the contract;
The period for acceptance of the offer or the period during which the entrepreneur guarantees the price;
The rate for distance communication if the costs of using distance communication technology are calculated on a basis other than the regular basic rate;
Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;
The manner in which the consumer can review and, if desired, correct the data provided by them before concluding the contract;
Any other languages in which the contract may be concluded in addition to Dutch;
The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these electronically;
The minimum duration of the distance contract in the case of an ongoing transaction;
Optional: available sizes, colors, types 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 thereby.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance 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 shall 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 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 relevant to responsibly entering into the distance contract. If the entrepreneur has valid grounds based on this investigation to not enter into the contract, they are entitled to refuse an order or application with justification or to attach special conditions to the execution.

The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer on a durable data carrier:

The visiting address of the entrepreneur’s establishment where the consumer can submit 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 on warranties and existing after-sales service;
The information referred to in Article 4 paragraph 3 of these Terms and Conditions, unless already provided to the consumer before execution of the contract;
The requirements for termination of the contract if it has a duration of more than one year or is of indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 30 days.

This cooling-off period commences 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 cooling-off period, the consumer shall handle the product and packaging with care. The product shall only be unpacked or used to the extent necessary to assess whether the consumer wishes to retain the product.

If the consumer exercises the right of withdrawal, the product shall be returned with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days of receipt of the product. Notification must be made by written message or email.

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

If the consumer has not indicated their wish to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of 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, provided that the product has already been received by the entrepreneur or 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. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.

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

Made 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 deteriorate or expire 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 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 shall not be increased, except for price changes due to 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, with variable prices. This dependency on fluctuations and the fact that any stated prices are indicative shall be stated in the offer.

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

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

They result from statutory regulations or provisions; or
The consumer has the authority to terminate the contract as of the day the price increase takes effect.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the entrepreneur is not obliged to deliver the product at the erroneous 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, reasonable standards of soundness and/or usability, and existing legal provisions and/or government regulations at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

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

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

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.

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 treated carelessly or contrary to the instructions of the entrepreneur and/or packaging;
The defect is wholly or partially the result of regulations imposed or to be imposed by the government 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.

Subject to the provisions of Article 4 of these Terms and Conditions, accepted orders shall be executed 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 fulfilled or can only be partially fulfilled, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In the event of dissolution as described in the previous paragraph, the entrepreneur shall 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 shall endeavor to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by 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 – Ongoing Transactions: Duration, Termination and Extension

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

The consumer may terminate a contract entered into for a fixed period and which provides for the regular delivery of products or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

At any time and not be restricted to termination at a specific time or period;
At least in the same manner as they were entered into;
Always with the same notice period as stipulated by the entrepreneur.

Extension
A contract entered into for a fixed period and which provides for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.

Contrary to the previous paragraph, a contract entered into for a fixed period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

A contract entered into for a fixed period and which provides for 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 contract provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

A contract of limited duration for the purpose of introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end 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 cooling-off period as 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 is obliged to immediately report any inaccuracies in payment details provided or stated 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 previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the execution of the contract must be submitted to the entrepreneur within seven days after the consumer has discovered the defects, fully and clearly described.

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 14 days with an acknowledgment 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 their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these Terms and Conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.