General Terms and Conditions

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

  • Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession, and who 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 medium: any tool that enables the consumer or entrepreneur to store information addressed personally to him in a way that future consultation and unaltered reproduction of the stored information are possible.
  • Right of withdrawal: the option for the consumer to opt out of 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 between the entrepreneur and the consumer within the framework of an organized distance sales or service-provision scheme without the simultaneous physical presence of the entrepreneur and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
  • Means of distance communication: any tool that can be used for concluding a contract, without the consumer and entrepreneur being in the same room at the same time.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 3 – Applicability

  • These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded and orders between the entrepreneur and the consumer.
  • Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  • If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that it can easily be stored on a durable medium by the consumer. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or otherwise free of charge at his request.
  • If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 – The offer

  • If an offer has a limited duration 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 amend the offer.
  • The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
  • Images with products are a true representation of the offered products. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  • Each offer contains such information that it is clear for the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns, in particular:
    • the price, excluding clearance costs and import VAT. These additional costs will be borne and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services. This arrangement applies if the goods are imported into the destination EU country, as is the case here. The postal and/or courier service collects VAT (possibly along with the charged clearance costs) from the recipient of the goods;
    • any costs of delivery;
    • the manner in which the contract will be concluded and which actions are required for this;
    • the application or not of the right of withdrawal;
    • the method of payment, delivery, and execution of the contract;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the rate of distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the communication medium used;
    • whether the contract is filed after its conclusion, and if so, how it can be consulted by the consumer;
    • how the consumer, before concluding the contract, can check and, if necessary, restore the data provided by him under the contract;
    • the other languages in which, besides Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an extended transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The contract

  • The contract, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
  • If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the contract.
  • If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  • The entrepreneur may - within legal frameworks - check if the consumer can meet his payment obligations, as well as all those facts and factors that are important to responsibly conclude the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
  • The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service:
    • the address of the entrepreneur's establishment where the consumer can file complaints;
    • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
    • information about guarantees and existing after-sales service;
    • the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
    • the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

Article 6 – Right of withdrawal

  • At the purchase of products, the consumer has the option to dissolve the contract without giving any reasons for 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur in advance.
  • During the reflection period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all accessories supplied 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 wants to utilize his right of withdrawal, he is obliged to inform the entrepreneur within 14 days after receiving the product. The consumer must make this known using a written message/e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned on time, for instance through a proof of shipment.

Article 7 – Costs in case of withdrawal

  • If the consumer exercises his right of withdrawal, he will have to bear the cost of returning the goods.
  • If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or that conclusive evidence of complete return can be submitted.

Article 8 – Exclusion of right of withdrawal

  • The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

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

  • that were created by the entrepreneur according to the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can spoil quickly or have a limited shelf life;
  • whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence;
  • for single 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.

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

  • concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
  • if the delivery has begun with the consumer's explicit prior consent, and with the acknowledgment that he has lost his right of withdrawal once the contract has been fully performed;
  • concerning betting and lotteries.

Article 9 – The price

  • During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

  • Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This linkage to fluctuations and the fact that any mentioned prices are indicative are stated in the offer.

  • Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

  • Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

    • they are the result of legal regulations or provisions; or
    • the consumer has the authority to terminate the contract on the day on which the price increase takes effect.

  • The supply of products is subject to VAT under Article 5, first paragraph, of the Turnover Tax Act 1968, which takes place in the country where the transport starts. In this case, the supply takes place outside the EU. Consequently, the postal or courier service will collect import VAT or clearance costs from the recipient. Therefore, the entrepreneur will not charge VAT.

  • All prices are subject to printing and typographical errors. No liability is accepted for the consequences of print and typographical errors. At print and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

  • Special extra clearance costs and/or import duties are not included in the price and are at the expense of the customer.

Article 10 – Conformity and Guarantee

  • The entrepreneur ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed upon, the entrepreneur also ensures 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 wrongly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Return of the products must be done in the original packaging and in new condition.

  • The warranty period provided by 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 guarantee does not apply if:

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

Article 11 – Delivery and execution

  • The entrepreneur will observe the greatest possible care when receiving and implementing orders for products.

  • Subject to what has been stated about this in article 4 of these general terms and conditions, the company will execute accepted orders expediently but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order is not or only partially executed, the consumer will receive notice of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.

  • In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.

  • If delivery of an ordered product proves impossible, the entrepreneur will endeavor 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 cost of any return shipment is 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 pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation, and extension

Cancellation

  • The consumer can cancel a contract 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 subject to agreed cancellation rules and a notice period of no more than one month.
  • The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed cancellation rules and a notice period of no more than one month.
  • The consumer can cancel the agreements mentioned in the previous paragraphs:
    • at any time and not be limited to cancellation at a specific time or in a specific period;
    • at least cancel in the same way as they were entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

  • A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain duration.
  • Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of day, news, and weekly newspapers and magazines may be silently extended for a certain period of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
  • A contract that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be silently extended for an indefinite period if the consumer can cancel 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 extends to the regular, but less than once a month, delivery of day, news, and weekly newspapers and magazines.
  • A contract with a limited duration for the regular trial delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically 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 cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

  • Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days following the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this term starts after the consumer has received confirmation of the agreement.
  • The consumer has the duty to report inaccuracies in payment details provided or stated 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 announced to the consumer in advance.

Article 14 – Complaints procedure

  • Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication when the consumer can expect a more detailed answer.
  • If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the submission of the complaint, 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 either replace or repair the delivered products free of charge.