Terms & Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

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 exercise of profession or business and enters into a distance contract with the entrepreneur.

Day: Calendar day.

Extended transaction: A remote agreement concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.

Durable data carrier: any means that enables the consumer and entrepreneur to store information that is addressed to him in person in a way that facilitates its future consultation and non-reproducible storage of the information.

Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.

Trader: The natural or legal person who offers products and/or services to consumers from a distance.

Distance contract: A contract in which, within the framework of a system organized by the trader for the 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.

Technology for distance communication: Means that can be used to conclude 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 revoke the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and packaging with care.

If the consumer exercises his right of withdrawal, he shall return the product with all delivered 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.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders between entrepreneur and consumer that are concluded.

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 can be viewed at the trader's premises and, at the consumer's request, will be sent free of charge as soon as possible.

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 can be made available 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, then before the distance contract is concluded, it will be indicated where the general conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product and service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and the other conditions for the entrepreneur will remain in force and the provision in question will be immediately replaced by a provision that comes as close as possible to the purport of the original goal, in mutual consultation.

Situations that are not covered by these general terms and conditions should 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 should 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 explicitly mentioned in the offer. The offer is non-binding. The entrepreneur is entitled to change and modify the offer.

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

If the entrepreneur uses images, these are a true representation of the products and/or services offered. 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 dissolution of the agreement.

Images accompanying products are a true representation of the products on offer. The entrepreneur cannot guarantee that the displayed colors exactly 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 accepting the offer. This concerns in particular:

• The possible 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 implementation 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 basic tariff for the means of communication used.
  
• Whether the agreement will be filed after it has been concluded, and if so, how the consumer can consult it.
• The way in which the consumer can check the information provided by him as part of the agreement before concluding it, and repair it if desired.
• Any other languages in which the agreement can be concluded besides Dutch.
  
• The codes of conduct to which the trader 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 event of a length transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The contract

Subject to the provisions in paragraph 4, the contract becomes valid when the consumer accepts the offer and fulfills the accompanying conditions.

If the consumer accepted the offer via electronic means, the trader will immediately confirm receipt of acceptance of the offer via electronic means. As long as the entrepreneur has not confirmed the receipt of this acceptance, the consumer can terminate 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.

The entrepreneur can – within the law – inform themselves as to whether the consumer can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to the execution.

The entrepreneur shall communicate 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 establishment of the entrepreneur 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 statement regarding the exclusion of the right of withdrawal.
• Information about guarantees and existing after-sales service.
• The information contained in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer prior to 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 an extended transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement within 30 days without stating reasons.

This reflection period starts on the day after the consumer receives the product or products, or products, or on the day a pre-designated representative by the consumer receives the product or products, as notified to the trader.

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product.

If he exercises his right of withdrawal, he shall return the product to the entrepreneur with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur within 30 days of receipt of the product. The consumer must make this known by means of a written message or e-mail.

After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3, the customer has not indicated that they wish to exercise their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is finalized.

Article 7 – Costs in case of withdrawal

If the consumer exercises his 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 will refund this amount as soon as possible, but no later than 30 days after withdrawal.

This is subject to the condition that the product has already been received back by the entrepreneur or that only proof of complete return can be submitted.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can 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 clearly stated this in the offer, or at least in good time prior to 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 cannot be returned due to 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 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 validity period stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices, when these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. These fluctuations and the fact that any prices mentioned are target prices, will be stated in the offer.

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

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

• The consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  
• These are the result of statutory regulations or provisions.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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 fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

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

The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is not 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 have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or those on the packaging.
  
• The defectiveness is wholly or partially the result of regulations that the government has set or will set with regard to the nature or the quality of the materials used.

Article 11 – Delivery and execution

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

With due observance of that stipulated in article 4 of these general terms and conditions, the company will carry out accepted orders with competent speed, though at the latest within 30 days, unless a longer delivery period was agreed to by the consumer.

If delivery is delayed or if an order cannot be filled or can be filled only in part, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.

In the case of dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount that the consumer has paid as soon as possible, but no later than 30 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to provide a replacement article. At the latest upon delivery, the fact that a replacement item is being delivered must be clearly and understandably communicated.

The right of withdrawal cannot be excluded for replacement items. The costs of a possible return shipment are to 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 previously made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Extended transactions: duration, cancellation and renewal

Cancellation

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the corresponding termination rules and a notice period of no more than one month.

The consumer can terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time towards the end of the fixed-term, with due observance of the relevant termination rules and a notice period of no more than one month.

The consumer can cancel the agreements mentioned in the previous paragraphs:

• - at any time and is not limited to cancellation at a specific time or in a specific period;
• - at least cancel in the same way as they were entered into by him;
• - always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

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

Contrary to the previous paragraph, a fixed-term contract that was concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a specific period of a maximum of three months if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.

A fixed-term contract that involves the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract involves the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

A fixed-term contract for the regular delivery of newspapers, news and weekly magazines (trial or introductory subscription) will not be automatically prolonged and will automatically terminate after the 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 dictate otherwise.

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 to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report immediately to the entrepreneur any inaccuracies in payment data provided or stated.

In the event of non-payment on the part of 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 within seven days, fully and clearly described, 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 requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation 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 trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be well-founded by the trader, the trader will replace or repair the products delivered free of charge, at the trader's discretion.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively subject to Dutch law.

This also applies to consumers residing abroad.