General terms and conditions

General Terms and Conditions

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

Cooling off period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Extended transaction: A distance contract relating to a series of products and or services, where the delivery and or purchase obligation 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 cancel 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 a system organised by the entrepreneur for the distance sale of products and or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: A method 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 contract within a cooling off period of 30 days without stating any reasons. During the cooling off period, the consumer will handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the entrepreneur’s reasonable instructions.

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, it will be stated before the distance contract 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 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 it can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be stated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting 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 will remain in force for the remainder, and the relevant provision will be replaced without delay in mutual consultation by a provision that reflects the intent of the original as closely as possible.

Situations not regulated in 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 period of validity or is made subject to conditions, this will 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 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 only and cannot be grounds for compensation or dissolution of the contract.
Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours 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 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 performance of the contract.
• The period for accepting 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 contract will be archived after conclusion and, if so, in what way it can be consulted by the consumer.
• The way in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract.
• Any languages other than Dutch in which the contract may be concluded.
• The codes of conduct to which the entrepreneur 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 an extended transaction.

Optional: available sizes, colours, and types of materials.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur will 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 contract.

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

Within legal limits, the entrepreneur may 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, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the performance.

The entrepreneur will send the following information to the consumer with the product or service, 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 establishment where the consumer can go with complaints.
• The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
• The information about warranties and existing after sales service.
• The details included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance of the contract.
• The requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded 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 contract without stating reasons within 30 days.

This cooling off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.

During the cooling off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If they exercise their right of withdrawal, they will 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.

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

After the consumer has indicated that they wish to exercise their 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 the customer has not made known their wish to exercise 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 becomes final.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return 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 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 personal in 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 control.
• 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 will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.

Price increases within three months after the conclusion of the contract are only allowed if they result from 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:

• They are the result of statutory regulations or provisions.
• The consumer has the authority to terminate the contract as of 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, the specifications stated in the offer, the reasonable requirements of soundness and or usability, and the legal provisions and or government regulations existing on the date the contract was concluded. 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 contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Returned products must be in the 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 otherwise handled carelessly or contrary to the entrepreneur’s instructions and or the instructions on the packaging.
• The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

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

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due 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 executed in part, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any 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 no later than within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will 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 will be borne by the entrepreneur.

The risk of damage to and or loss of products remains 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 – Extended transactions: duration, termination, and renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and relating 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 concluded for a fixed period and relating to the regular delivery of products, including electricity, or services, at any time towards 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 contracts referred to in the previous paragraphs:

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

Renewal

A contract concluded for a fixed period and relating to the regular delivery of products, including electricity, or services, may not be tacitly renewed or extended for a fixed duration.

Contrary to the previous paragraph, a contract concluded for a fixed period and relating to the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A contract concluded for a fixed period and relating to the regular delivery of products or services may only be tacitly renewed 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 concerns the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines less than once a month.

A contract of limited duration for the regular introductory delivery of daily newspapers, news publications, weekly newspapers, and magazines, being a trial or introductory subscription, is not tacitly continued and ends 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 prevent 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 cooling off 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 legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints regarding the performance of the contract 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 will be answered within 14 days counted from the date of receipt.

If a complaint requires a foreseeably 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 resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, 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 Dutch law.

This also applies if the consumer resides abroad.