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 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, the delivery and/or purchase obligation of which 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 unchanged 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 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: Any method that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.
Terms and Conditions: These current 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 giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition, 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, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be viewed 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, in deviation 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 data carrier. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge, either electronically or in another way, upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall otherwise remain in full force, and the relevant provision shall be replaced in mutual consultation as soon as possible with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions shall also 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 explicitly stated in the offer. The offer is non-binding. The entrepreneur reserves the right to modify and adjust the offer.

The offer includes a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.

If the entrepreneur uses images, these are a truthful representation of the products and/or services being offered. 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 dissolution of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed 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 potential 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 within which the entrepreneur guarantees the price;

  • The rate for distance communication if the costs of using the distance communication technique are calculated on a different basis than the basic rate for the communication method used;

  • Whether the agreement will be archived after its conclusion, and if so, in what way it can be accessed by the consumer;

  • The way the consumer can check and, if necessary, correct the information provided within the context of the agreement before the conclusion;

  • Any other languages besides English in which the agreement may be concluded;

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

  • The minimum duration of the distance contract in the case of a continuing transaction;

Optional: available sizes, colors, types of materials.

Hier is de Engelse vertaling van Artikel 5 – De overeenkomst:

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may – within the limits of the law – gather information on whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into 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 request, stating reasons, or to attach special conditions to the execution.

Upon delivery of the product or service, the entrepreneur shall provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

    • The physical address of the entrepreneur's business establishment where the consumer can lodge complaints.

    • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded.

    • Information about warranties and existing after-sales service.

    • The data referred to in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.

    • The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every 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 giving any reason within a period of 30 days.
This cooling-off period starts on the day after the consumer, or a third party previously designated by the consumer and known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product.

If the consumer exercises their right of withdrawal, they shall return the product, along with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of their right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. This notification must be made in writing or by email.

After notifying the entrepreneur of their wish to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the item was returned on time, for example, by presenting a shipping receipt.

If the consumer has not expressed their intention to exercise the 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 Case of Withdrawal
If the consumer exercises their 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 conditional on the product having already been received by the entrepreneur or 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 shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

  • That have been made by the entrepreneur according to the consumer's specifications.

  • That are clearly personal in nature.

  • That, by their nature, cannot be returned.

  • That spoil or age quickly.

  • Whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control.

  • Single issues of newspapers and magazines.

  • Media and video recordings and computer software if the consumer has broken the seal.

  • Hygienic products if the consumer has broken the seal.

Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market and beyond the entrepreneur's control. This linkage to fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.
Price increases within three months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • They are the result of legal regulations or provisions; or

  • The consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
    All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing 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 agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
Any 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 agreement.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their 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 are otherwise treated carelessly or contrary to the entrepreneur's instructions and/or packaging.

  • The defectiveness is wholly or partially 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 utmost care when receiving and executing orders for products.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest 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 of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to compensation if applicable.
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 provide a replacement item. It shall be clearly and understandably stated at the latest upon delivery that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is at the entrepreneur's expense.
The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a previously designated representative made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which aims to deliver products (including electricity) or services regularly at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:

  • At any time and not be restricted to termination at a specific time or in a specific period;

  • At least in the same way as they were entered into by the consumer;

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

Renewal
A fixed-term agreement for the regular delivery of products or services may not be tacitly renewed or extended for a specified duration.
By way of derogation, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified period of no more than three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly extended for an indefinite period 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 case the agreement involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A limited duration agreement for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer for any reasonable costs made known in advance.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved in mutual consultation, 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 shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
This also applies if the consumer resides abroad.