Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal Period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader.
Day: Calendar day.
Continuing performance contract: A distance contract regarding a series of products and/or services, where the delivery and/or acceptance obligation is spread over time.
Durable medium: Any means that enables the consumer or trader to store information addressed personally to them in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the withdrawal period.
Trader: The natural or legal person who offers products and/or services to consumers via distance sales.
Distance contract: An agreement concluded as part of an organized system for the distance sale of products and/or services, where up to and including the conclusion of the agreement, only one or more means of remote communication are used.
Remote communication technique: A means that can be used to conclude an agreement without the consumer and the trader being present in the same room simultaneously.
General Terms and Conditions: These present General Terms and Conditions of the trader.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a withdrawal period of 30 days without stating a reason. During the withdrawal period, the consumer must handle the product and packaging with care.
If the consumer exercises their right of withdrawal, the product must be returned with all delivered accessories and, if reasonably possible, in original condition, in accordance with the reasonable instructions of the trader.
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader and the consumer.
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 contract is concluded that the terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous paragraph and before the contract is concluded, may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge upon the consumer's request.
If, in addition to these General Terms and Conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer can always invoke the provision that is most favorable to them.
If at any time one or more provisions of these General Terms and Conditions are wholly or partially declared void or annulled, the agreement and these terms and conditions remain in effect for the remainder, and the provision in question will be immediately replaced by mutual agreement with a provision that corresponds as closely as possible to the purpose of the original.
Situations not regulated in these General Terms and Conditions must be assessed in accordance with the "spirit" of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted in accordance with 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 expressly stated in the offer. The offer is without obligation. The trader is entitled to change and adapt 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 trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. However, the trader cannot guarantee that the colors shown exactly correspond to the actual colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
* The costs of delivery, if applicable.
* The manner in which the contract will be concluded and which actions are required for this.
* Whether the right of withdrawal applies.
* The method of payment, delivery, and performance of the contract.
* The period for acceptance of the offer, or the period within which the trader guarantees the price.
* The amount of the rate for remote communication if the costs are calculated on a basis other than the regular basic rate.
* Whether the agreement will be archived after conclusion, and if so, how the consumer can consult it.
* How the consumer can check and, if necessary, correct the information provided by them under the contract before it is concluded.
* Any other languages in which the contract can be concluded in addition to Dutch.
* The codes of conduct to which the trader is subject and the way the consumer can consult these codes of conduct electronically.
* The minimum duration of the distance contract in the event of a continuing performance contract.
* Optional: available sizes, colors, types of material.
Article 5 – The Contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader can, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the trader has sound reasons for not entering into the contract based on this investigation, they are entitled to reject an order or request with reasons, or to attach special conditions to the execution.
The trader will send the following information to the consumer, along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
* The visiting address of the trader's business location 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 regarding the exclusion of the right of withdrawal.
* Information about warranties and existing after-sales service.
* The information mentioned in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer before the performance of the contract.
* 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 continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Every contract is entered into under 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 stating reasons within 30 days.
This withdrawal period starts on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, received the product.
During the withdrawal period, the consumer must handle the product and the packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If the consumer exercises their right of withdrawal, the product must be returned to the trader with all delivered accessories and, if reasonably possible, in original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 30 days of receipt of the product. Notification must be made by written message or email.
After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must be able to prove that the delivered goods have been returned on time, for example, by means of a shipping receipt.
If the customer has not notified that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, and/or has not returned the product to the trader, the purchase is 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 trader will refund this amount as quickly as possible, but no later than 30 days after withdrawal. However, this is subject to the product having already been received back by the trader or conclusive proof of complete return having been provided.
Article 8 – Exclusion of the Right of Withdrawal
The trader can exclude the consumer's right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly indicated 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:
* That have been manufactured by the trader according to the consumer's specifications.
* That are clearly personal in nature.
* That cannot be returned due to their nature.
* That can rapidly deteriorate or become obsolete.
* Whose price is subject to fluctuations in the financial market over which the trader has no influence.
* Loose newspapers and magazines.
* Audio, video recordings, and computer software where the consumer has broken the seal.
* Hygiene products where the consumer has broken the seal.
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, with the exception of price changes due to changes in VAT rates.
In deviation from the preceding paragraph, the trader may offer products or services with variable prices whose prices are subject to fluctuations in the financial market over which the trader has no influence. This link to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if the trader has agreed to this and:
* If they are the result of statutory regulations or provisions.
* If the consumer has the right to terminate the contract from the day the price increase takes effect.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the trader is not obliged to deliver the product at the erroneous price.
Article 10 – Conformity and Warranty
The trader 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 legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery. Products must be returned in the original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any 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 a third party.
* The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the trader's instructions and/or the instructions on the packaging.
* The defect is wholly or partly the result of regulations that the authorities have imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The trader will exercise the greatest possible care when receiving and executing orders for products.
Taking into account what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible, 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 be executed or only partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.
In the event of dissolution in accordance with the preceding paragraph, the trader will refund the amount paid by the consumer as quickly as possible, but no later than within 30 days after dissolution.
If the delivery of a product proves impossible, the trader will endeavor to make a replacement item available. No later than upon delivery, it will be stated clearly and understandably that a replacement item is being delivered.
The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage and/or loss of products rests with the trader until the time of delivery to the consumer or a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.
Article 12 – Continuing Performance Contracts: Duration, Termination, and Extension
Termination
The consumer can terminate an indefinite-term contract that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term contract that extends to the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the contracts mentioned in the preceding paragraphs:
* At any time and is not limited to termination at a specific time or in a specific period.
* At least in the same manner as the contract was concluded by them.
* Always with the same notice period as the trader has stipulated for themself.
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 period.
By way of exception to the preceding 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 period of no more than 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 period if the consumer can terminate the contract at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
A contract of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines as an introduction (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 can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate against termination before the agreed period expires.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the withdrawal period as referred to in Article 6, paragraph 1.
In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
The consumer has the duty to immediately report inaccuracies in the payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the contract must be submitted to the trader within seven days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period 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 settlement procedure.
A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these General Terms and Conditions relate are exclusively governed by Dutch law.
This also applies if the consumer resides abroad.