General Terms and Conditions

Article 1 – Definitions
For the purposes of these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise the right of withdrawal.

  • Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Duration 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 means 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 an organized system by the entrepreneur for selling products and/or services at a distance, where exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.

  • Means of distance communication: A method that can be used to conclude a contract without the consumer and entrepreneur being together in the same room 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 agreement within a cooling-off period of 30 days without stating any reasons. During the cooling-off period, the consumer shall handle the product and its packaging with care.
If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable 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 order concluded between the entrepreneur and the consumer.
Before a 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 shall be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, then by way of derogation from 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 be easily stored by the consumer on a durable medium. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly. In case of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.
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 terms and conditions shall otherwise remain in effect, and the void or annulled provision shall be replaced in mutual consultation by a provision that reflects the original intent as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer
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 is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes 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.
Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors shown 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 the acceptance of the offer. This includes in particular:
● Any shipping costs.
● The method by which the agreement will be concluded and what actions are required for this.
● Whether or not the right of withdrawal applies.
● The method of payment, delivery, and execution of the agreement.
● The period for accepting the offer, or the period during 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 base rate for the communication tool used.
● Whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer.
● The way the consumer can check and, if desired, correct the information provided in the context of the agreement before it is concluded.
● Any other languages in which the agreement may be concluded in addition to Dutch.
● The codes of conduct the entrepreneur adheres to and how the consumer can consult these codes electronically.
● The minimum duration of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve 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 secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If, based on this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application with motivation or to attach special conditions to the execution.
The entrepreneur will include the following information with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
● The address of the entrepreneur's establishment where the consumer can lodge complaints.
● The conditions and 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 guarantees and existing after-sales service.
● The information included in Article 4(3) of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
● The conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement 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 right to dissolve the agreement without stating reasons within 30 days.
This cooling-off period starts the day after the consumer, or a representative designated 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 determine if they wish to keep it.
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, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product via a written message or email.
After the consumer has indicated they wish to exercise their right of withdrawal, the product must be returned within 30 days. The consumer must prove that the goods were returned on time, for example with proof of shipment.
If the consumer has not communicated their wish to withdraw within the periods mentioned in paragraphs 2 and 3, and/or has not returned the product, 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 the consumer’s expense.
If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal, provided that the returned product has been received or conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products as described in paragraphs 2 and 3. Exclusion is only possible if clearly stated in the offer or, at the latest, before the agreement is concluded.
Exclusion is only possible for products:
● That are made according to consumer specifications.
● That are clearly of a personal nature.
● That, due to their nature, cannot be returned.
● That spoil or age quickly.
● Whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control.
● Individual newspapers and magazines.
● Media and software with broken seals.
● Hygienic products with broken seals.

Article 9 – The Price
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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. This will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if resulting from legal regulations.
Price increases from three months after the conclusion of the agreement are only allowed if agreed upon and:
● Are due to legal regulations; or
● The consumer has the right to terminate the agreement from the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications listed in the offer, reasonable requirements of reliability and usability, and legal requirements existing on the date of the agreement. If agreed, the entrepreneur also guarantees suitability for other than normal use.
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 agreement.
Defects or wrongly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Products must be returned in original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for advice regarding their use or application.
The guarantee does not apply if:
● The consumer has repaired and/or modified the products themselves or had them repaired/modified by third parties.
● The products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or packaging.
● The defect is wholly or partly the result of regulations set by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will take the utmost care in receiving and fulfilling orders for products.
Taking into account what is stated in Article 4 of these terms, the company will execute accepted orders 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 will be notified no later than 30 days after placing the order. The consumer then has the right to dissolve the agreement free of charge and may be entitled to compensation.
In the event of dissolution per the previous paragraph, the entrepreneur will 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 will strive to provide a replacement item. Upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.
In the case of replacement items, the right of withdrawal cannot be excluded. Return costs are borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Termination and Extension
Termination
The consumer may terminate an agreement for an indefinite period, which involves regular delivery of products or services, at any time with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement, involving regular delivery of products or services, at the end of the fixed term with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may:
● Terminate the agreements at any time and not be restricted to termination at a specific time or in a specific period;
● Terminate using the same method by which they were entered into;
● Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension
A fixed-term agreement for regular delivery of products or services may not be automatically extended or renewed for a fixed term.
As an exception, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers or magazines may be automatically extended for a term of up to three months if the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for regular delivery of products or services may only be automatically extended for an indefinite term if the consumer may terminate at any time with a notice period of no more than one month and no more than three months for infrequent delivery (less than once per month) of newspapers or magazines.
A trial or introductory subscription will not be automatically continued and ends automatically after the trial period.

Duration
If an agreement lasts more than one year, the consumer may terminate it 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 due by the consumer must be paid within seven working days after the start of the withdrawal period as referred to in Article 6(1).
For a service agreement, this period begins after the consumer receives confirmation of the agreement.
The consumer is obliged to report inaccuracies in provided or stated payment details without delay.
In case of non-payment by the consumer, the entrepreneur has the right – within legal limits – to charge reasonable costs previously disclosed to the consumer.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within seven days after the consumer has discovered the defects, clearly and fully described.
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 14 days with a confirmation 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 obligations of the entrepreneur unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, they will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.