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: a natural person who does not act in the exercise of a profession or business and 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, with the supply and/or purchase obligation spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered 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 in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the moment the contract is concluded;
- Technology for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place at the same time;
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 3 – Applicability

1. 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.

2. 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 entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

3. If the distance contract is concluded electronically, then, in deviation from 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 medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.

4. 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 the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

5. 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 conditions will otherwise remain in force, and the relevant provision will be replaced without delay by a provision that approximates the original as closely as possible through mutual agreement.

6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

4. The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it easily on a durable medium:

- The visiting address of the entrepreneur’s establishment where the consumer can address 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 warranties and existing after-sales service;

- The details included in Article 4, paragraph 3 of these terms, unless these details have already been provided to the consumer before the contract was executed;

- The requirements for terminating 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, this provision only applies to the first delivery.

6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

7. Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

2. 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 make a good assessment of the offer. If the entrepreneur uses images, they must accurately represent the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the contract. Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

3. Every offer includes information that clearly outlines the consumer's rights and obligations associated with the acceptance of the offer. This includes, in particular:

- Any shipping costs;

- The method by which the contract will be concluded and the actions 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 rate for communication at a distance if the cost of using the communication technology is based on a different rate than the regular base rate for the communication method used;

- Whether the contract will be archived after its conclusion and, if so, how the consumer can access it;

- The way the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the agreement;

- Any other languages in which, in addition to Dutch, the contract can be concluded;

- The codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes of conduct electronically;

- The minimum duration of the distance contract in the case of a long-term transaction.

Optional: Available sizes, colors, types of materials.

Article 5 – The Contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

2. If the contract is concluded electronically, the entrepreneur will 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 will take appropriate security measures.

3. The entrepreneur may, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.

4. The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it easily on a durable medium:

- The visiting address of the entrepreneur’s establishment where the consumer can address 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 warranties and existing after-sales service;

- The details included in Article 4, paragraph 3 of these terms, unless these details have already been provided to the consumer before the contract was executed;

5. Every contract is concluded under the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

1. When purchasing products, the consumer has the option to cancel the contract without providing any reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine if they wish to keep the product. If the consumer exercises the right of withdrawal, they must 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.

2. If the consumer wishes to exercise the right of withdrawal, they are required to inform the entrepreneur within 14 days after receiving the product. This notification must be made in writing or by email. After notifying the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the products have been returned on time, for example, by providing proof of shipment. If the consumer does not notify the entrepreneur within the periods mentioned in paragraphs 2 and 3 or does not return the product, the purchase is final.
Please note that items purchased on sale are final and cannot be returned.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, the costs of returning the products are 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 14 days after the withdrawal, provided that the product has been received by the retailer or proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least in a timely manner before concluding the contract. Exclusion of the right of withdrawal is only possible for products:

- a. Made by the entrepreneur according to the consumer’s specifications;

- b. Clearly personal in nature;

- c. That by their nature cannot be returned;

- d. That can spoil or age quickly;

- e. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;

- f. For single newspapers and magazines;

- g. For audio and video recordings and computer software whose seal has been broken by the consumer;

- h. For hygienic products whose seal has been broken by the consumer.

2. Exclusion of the right of withdrawal is only possible for services:

- a. Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

- b. Where delivery has started with the consumer’s explicit consent before the cooling-off period has expired;

- c. Concerning betting and lotteries.

Article 9 – The Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

2. 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 control, at variable prices. The dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions. Price increases after 3 months from the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

- a. They result from legal regulations or provisions; or

- b. The consumer has the right to terminate the contract effective from the day the price increase takes effect.

4. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations existing at the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert against the entrepreneur based on the contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of the products must be done in the original packaging and in new condition.

3. The entrepreneur’s warranty period matches the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer or for any advice regarding the use or application of the products. The warranty does not apply if:

- a. The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

- b. The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the entrepreneur’s instructions and/or on the packaging;

- c. The defect is wholly or partly the result of regulations set by the government concerning the nature or quality of the applied materials.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the greatest care in receiving and executing orders for products. Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with promptness, but no later than 30 days, unless the consumer agrees to a longer delivery period.

2. If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to cancel the contract at no cost and is entitled to any compensation. In the event of cancellation as per the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after cancellation.

3. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably indicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are 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 previously designated representative, unless explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Extension

1. Termination:

- The consumer can terminate a contract entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, observing any agreed termination rules and a notice period of up to one month.

- The consumer can terminate a contract entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time before the end of the fixed term, observing any agreed termination rules and a notice period of up to one month.

- The consumer can terminate the aforementioned contracts:

- 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;

- Always with the same notice period as the entrepreneur has stipulated for themselves.

2. Extension:

- A contract entered into for a fixed period and which involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

- Contrary to the previous paragraph, a contract entered into for a fixed period and which involves the regular delivery of newspapers, news, and magazines, may be automatically extended for a fixed period of up to three months if the consumer can terminate the extended contract before the end of the extension with a notice period of up to one month.

- A contract entered into for a fixed period and which involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the case of the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

- A contract for a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically extended and ends automatically after the trial or introductory period.

3. 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 up to one month, unless the principles of reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless agreed otherwise, the amounts owed by the consumer must be paid within 7 days after the cooling-off period as referred to in Article 6, paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.

2. The consumer is obliged to promptly report any inaccuracies in provided or stated payment details to the entrepreneur. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs that were previously communicated to the consumer.

Article 14 – Complaints Procedure

1. Complaints regarding the execution of the contract must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

2. If the complaint cannot be resolved through mutual agreement, it will result in a dispute subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur explicitly states otherwise in writing. If a complaint is found to be valid by the entrepreneur, they will choose either to replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.