General terms and conditions

General Terms and Conditions

Article 1 – Definitions
In these conditions the following definitions apply:

Cooling-off period: The period within which the consumer can make use of his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance agreement relating to 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 addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance agreement: An agreement whereby, 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 agreement, exclusive use is made of one or more techniques for communication at a distance.
Technique for communication at a distance: A means that can be used to conclude an agreement, without the consumer and entrepreneur being in the same room at the same time.
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 agreement within a cooling-off period of 30 days without giving reasons. During the cooling-off period, the consumer will handle the product and the packaging with care.
If the consumer makes use of his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions from the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance agreement 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 distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement 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 easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise upon 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 accordingly and the consumer may, in the event of conflicting general terms and conditions, always rely on the applicable provision that is most favorable to him.

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 without delay by a provision that approximates the intent of the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our conditions must 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 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 truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

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. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns in particular:

The possible costs of shipping.
The manner in which the agreement will be concluded and which 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 acceptance of the offer, or the period within which the entrepreneur guarantees the price.
The level of the rate for communication at a distance if the costs of using the technique for communication at a distance are calculated on a basis other than the regular basic rate for the communication method used.
Whether the agreement will be archived after it has been concluded and, if so, in what way it can be consulted by the consumer.
The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it.
The possible other languages in which, in addition to Dutch, the agreement can be concluded.
The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance agreement in the case of a duration 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 complies with the conditions set for it.

If the consumer has accepted the offer electronically, the entrepreneur will 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 agreement.

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

The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as of all facts and factors that are important for responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

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:

The visiting address of the establishment of the entrepreneur where the consumer can go with complaints.
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
The information about guarantees and existing service after purchase.
The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement 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 possibility to dissolve the agreement without giving reasons for a period of 30 days.

This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

If he makes use of his right of withdrawal, he will return the product with all delivered 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.

When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receiving the product. The consumer must make this known by means of a written message or e-mail.

After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not made known that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 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 makes use of his right of withdrawal, the costs for returning the products are at the expense of the consumer.

If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than within 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 only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

That have been created by the entrepreneur in accordance with specifications of the consumer.
That are clearly personal in nature.
That by their nature cannot be returned.
That can spoil or age quickly.
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
For individual newspapers and magazines.
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.

Article 9 – The Price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of 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 over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

They are the result of statutory regulations or provisions.
The consumer has the authority to terminate the agreement as of the day on which 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 case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to 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, the reasonable requirements of soundness and/or usability and the 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 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 on the basis of the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. The products must be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to 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:

The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or treated contrary to the instructions on the packaging.
The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or the quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will observe the greatest possible care when receiving and executing orders for products.

With due observance of what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If the delivery is delayed, or if an order cannot or can only be partially executed, the consumer will receive notice of this no later than 30 days after he placed the order. In that case the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will repay the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery it will be stated in a clear and understandable manner that a replacement article is being delivered.

With replacement articles the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Extension

Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and 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 at most one month.

The consumer may terminate an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed duration with due observance of the agreed termination rules and a notice period of at most one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

At any time and not be limited to termination at a certain time or in a certain period.
At least terminate them in the same way as they were entered into by him.
Always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension
An agreement that has been entered into for a fixed period and 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, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of a maximum of three months, if the consumer may terminate this extended agreement towards the end of the extension with a notice period of at most one month.

An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate it at any time with a notice period of at most one month and a notice period of at most three months in the event that the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the purchase of 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the commencement of the cooling-off period as 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 duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur 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 agreement 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 a period of 14 days calculated from the date of receipt.

If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Even if the consumer resides abroad.