General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: The period within which the consumer can make use of 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.
Long-term transaction: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: The option for the consumer to withdraw from the distance contract within the reflection 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, 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 to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: The 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 reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and its packaging with care.
If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with the reasonable instructions of the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and 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 shall be indicated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's 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 be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply correspondingly and the consumer may always rely, in the event of conflicting conditions, on the applicable provision that is most favorable 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 conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation as soon as possible by a provision that approximates the intent of the original as closely as possible.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Ambiguities about the explanation 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
If an offer is of limited duration or subject to conditions, this shall be explicitly stated in the offer. The offer is without obligation. 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 a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
All images and specifications in the offer are indicative and cannot be grounds for compensation or termination of the contract.
Images of products are a true representation of the offered products. 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 the acceptance of the offer. This particularly concerns:
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Any shipping costs.
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The way in which the contract will be concluded and what actions are required for this.
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Whether or not the right of withdrawal applies.
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The method of payment, delivery, and performance of the contract.
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The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
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The rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the means of communication used.
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Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer.
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The way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract.
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Any other languages in which, besides Dutch, the contract can be concluded.
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The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes electronically.
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The minimum duration of the distance contract in the case of a long-term transaction.
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Optional: available sizes, colors, types of materials.
Article 5 – The contract
The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall 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 shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.
The entrepreneur will send 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 data carrier:
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The visiting address of the entrepreneur's business where the consumer can lodge complaints.
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The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
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Information on guarantees and existing after-sales services.
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The data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer prior to the performance of the contract.
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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, the provision in the previous paragraph applies only to the first delivery. Each agreement is concluded subject to 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 giving reasons for 30 days.
This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
During the reflection period, the consumer shall handle the product and packaging carefully. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product.
If they make use of their right of withdrawal, they shall 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.
If the consumer wishes to make use of the right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. Notification must be done by written message or email.
After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods have been returned on time, for example with proof of shipment.
If the consumer has not notified within the terms mentioned in paragraphs 2 and 3 that they wish to exercise the right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall 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 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 is only possible if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
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That have been created by the entrepreneur in accordance with the consumer's specifications.
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Those are clearly personal in nature.
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That cannot be returned due to their nature.
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That can spoil or age quickly.
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Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
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For single newspapers and magazines.
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For media and video recordings and computer software whose seal has been broken by the consumer.
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For hygienic products whose seal has been broken by the consumer.
Article 9 – The price
During the validity period stated in the offer, the prices of the offered products and/or services shall 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 whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that stated prices are target prices shall be stated in the offer.
Price increases within three months after conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
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They are the result of statutory regulations or provisions; or
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The consumer has the authority to terminate the contract as of the day 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 according to the incorrect price.
Article 10 – Conformity and guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. 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 under the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Return of the products must take place in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds with the factory 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:
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The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
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The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
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The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur shall exercise the greatest possible care in receiving and executing product orders.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously 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 or can only partially be executed, the consumer shall be informed 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 the right to compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur shall 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 shall make an effort to make a replacement item available. At the latest at the time of 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. 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and extension
Termination
The consumer may terminate an indefinite-term contract that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
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At any time and not be limited to termination at a specific time or during a specific period;
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At least terminate in the same way as they were entered into by the consumer;
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Always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
A fixed-term contract that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
Contrary to the previous paragraph, a fixed-term contract that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the contract extends to the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.
A limited-duration contract for the regular delivery of daily, news, and weekly newspapers and magazines (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 oppose 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 reflection period referred to in Article 6 paragraph 1.
In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.
Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within seven days, after the consumer has discovered 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 14 days with a notice 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 indicates 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 relate are exclusively governed by Dutch law.
Even if the consumer resides abroad.