General terms en 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 is not acting 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 concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

  • Durable medium: Any tool that enables the consumer or entrepreneur to store information addressed personally to them 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 concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.

  • Technique for distance communication: A means that can be used for concluding a contract, without the consumer and entrepreneur having to be together in the same space 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 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging, in accordance with reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer from 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 shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the general terms and conditions are available at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, then in deviation from the previous paragraph, the text of these terms may be supplied electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed where they can access the terms electronically and that they will be sent to them upon request, electronically or otherwise.
If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the most favorable provision.
If one or more provisions of these terms are at any time wholly or partially void or annulled, the agreement and the rest of the terms remain in force. The parties shall replace the invalid provision by one that approaches the intent of the original as closely as possible.
Situations not covered by these terms shall be assessed “in the spirit” of these terms. Ambiguities regarding interpretation or content shall also be interpreted “in the spirit” of these terms.

Article 4 – The Offer

If an offer is subject to a limited validity period or 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 allow proper assessment by the consumer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services. Obvious mistakes or 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 termination of the contract. The entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information for the consumer to understand the rights and obligations attached to acceptance of the offer, such as:

  • Any shipping costs.

  • The manner in which the contract will be concluded and the necessary steps.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery, and execution.

  • The term for acceptance of the offer, or the period during which the entrepreneur guarantees the price.

  • The cost of using distance communication if it differs from the standard basic rate.

  • Whether the contract will be archived after conclusion and whether the consumer can access it.

  • The way in which the consumer can check and correct the information provided before concluding the contract.

  • Any languages other than Dutch in which the contract may be concluded.

  • The codes of conduct the entrepreneur is subject to and how the consumer can consult them electronically.

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

  • Optional: available sizes, colors, and 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.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance electronically. As long as this acceptance is not confirmed, 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 safe 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 payment obligations, and all facts relevant to responsibly concluding the contract. If the entrepreneur has valid grounds not to conclude the contract, they may refuse an order or attach special conditions.
The entrepreneur shall send to the consumer, in writing or in a manner that allows storage on a durable medium, the following information:

  • The business address of the entrepreneur for complaints.

  • The conditions and process for exercising the right of withdrawal, or a clear statement if it is excluded.

  • Information on guarantees and after-sales service.

  • The details listed in Article 4(3), unless already provided before contract execution.

  • The requirements for termination if the contract is longer than one year or indefinite.
    For long-term transactions, the above only applies to the first delivery. Each agreement is concluded under the suspensive condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may dissolve the contract within 30 days without giving reasons.
The reflection period starts the day after the consumer or a designated representative receives the product.
During the reflection period, the consumer shall handle the product and packaging carefully, only unpacking or using it as necessary to decide whether to keep it.
If exercising the right of withdrawal, the consumer shall return the product with all accessories and in its original condition and packaging, in accordance with clear instructions from the entrepreneur.
The consumer must notify the entrepreneur of the intention to withdraw within 30 days after receipt, via written notice or email.
After notifying withdrawal, the consumer must return the product within 30 days. Proof of timely return (e.g. shipping receipt) is required.
If the consumer fails to notify or return within the set terms, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are at their expense.
If the consumer has already paid, the entrepreneur shall refund the amount as soon as possible, but no later than 30 days after withdrawal, provided the product has been received back or proof of return is supplied.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products, provided this was clearly stated in the offer before the contract was concluded.
Exclusion is only possible for products:

  • Made to consumer specifications.

  • Clearly personal in nature.

  • That cannot be returned due to their nature.

  • That can spoil or age quickly.

  • Whose price depends on market fluctuations beyond the entrepreneur’s control.

  • Newspapers and magazines.

  • Audio/video recordings or computer software once unsealed.

  • Hygienic products once unsealed.

Article 9 – The Price

During the stated validity period, prices will not be increased, except due to VAT changes.
In deviation, prices of products tied to market fluctuations beyond the entrepreneur’s control may vary. This will be indicated in the offer.
Price increases within three months after contract conclusion are only allowed if resulting from legal measures.
Price increases after three months are only allowed if agreed upon, and the consumer may then terminate the contract effective from the date the increase takes effect.
All prices are subject to printing and typographical errors. The entrepreneur is not obliged to deliver at incorrect prices.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products and/or services comply with the contract, specifications in the offer, reasonable standards of usability, and applicable legal requirements at the time of conclusion.
Any additional guarantees provided by the entrepreneur, manufacturer, or importer do not affect the consumer’s statutory rights.
Defects or wrongly delivered products must be reported within 30 days of delivery. Returns must be in original packaging and new condition.
Warranty equals the manufacturer’s warranty period. The entrepreneur is not responsible for product suitability for individual purposes nor for advice on use.
The warranty is void if:

  • The consumer repairs or modifies the product themselves or via third parties.

  • Products are exposed to abnormal conditions, misuse, or contrary to packaging/entrepreneur instructions.

  • Defects result from government regulations regarding material quality.

Article 11 – Delivery and Execution

The entrepreneur shall exercise due care in receiving and fulfilling product orders.
With regard to Article 4, accepted orders shall be executed promptly, no later than 30 days unless a longer delivery time is agreed.
If delivery is delayed or only partially possible, the consumer will be notified within 30 days. The consumer may then dissolve the contract at no cost and claim any compensation.
In case of dissolution, payments will be refunded within 30 days.
If delivery is impossible, the entrepreneur shall strive to provide a replacement product. The consumer will be clearly informed of any replacement upon delivery.
For replacement items, the right of withdrawal cannot be excluded. Return costs are for the entrepreneur’s account.
Risk of damage or loss remains with the entrepreneur until delivery to the consumer or designated representative, unless otherwise agreed.

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

Termination

  • The consumer may terminate an indefinite contract for regular delivery of products (including electricity) or services at any time with a notice period of no more than one month.

  • The consumer may terminate a fixed-term contract for regular delivery at the end of its duration with no more than one month’s notice.

  • Consumers may terminate:

    • At any time, not limited to a specific period.

    • In the same manner as entered into.

    • With the same notice period as the entrepreneur uses.

Renewal

  • A fixed-term contract for regular delivery of products/services may not be tacitly extended or renewed for a fixed period.

  • Exception: subscriptions for newspapers/magazines may be tacitly extended for a maximum of three months, with termination possible by the consumer at the end with one month’s notice.

  • A fixed-term contract may only be tacitly extended indefinitely if the consumer may terminate at any time with one month’s notice (or three months for less-than-monthly magazine deliveries).

  • A trial subscription ends automatically and is not extended.

Duration
If a contract exceeds one year, the consumer may terminate after one year at any time with one month’s notice, unless early termination is unreasonable.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the cooling-off period referred to in Article 6(1).
For service contracts, this period starts after confirmation of the contract.
The consumer must promptly report errors in provided payment details.
In case of non-payment, the entrepreneur may, within legal limits, charge reasonable pre-communicated costs to the consumer.

Article 14 – Complaints Procedure

Complaints regarding performance of the contract must be submitted within seven days after discovery, fully and clearly described.
Complaints will be answered within 14 days from receipt. If more time is required, the entrepreneur will acknowledge receipt within 14 days and indicate when a detailed response will follow.
If a complaint cannot be resolved amicably, it becomes a dispute subject to dispute settlement.
Complaints do not suspend obligations unless confirmed in writing by the entrepreneur.
If a complaint is found justified, the entrepreneur will either replace or repair the product free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these terms apply are exclusively governed by Dutch law, even if the consumer resides abroad.