General terms and conditions


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 may 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 entrepreneur.

Day: Calendar day.

Continuing transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

Durable medium: Any instrument 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 between the entrepreneur and the consumer under an organized distance-selling system for products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

Means of distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.

General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and its packaging with care.

If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, where 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 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 can be inspected at the entrepreneur’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 may, in deviation from the previous paragraph and before the distance contract is concluded, 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 shall be indicated before the distance contract is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge to the consumer, either electronically or by other means, upon request.

In the event that specific product or service terms also apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable 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 void or annulled, the contract and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the purpose of the original provision as closely as possible.

Situations not regulated by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions shall 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 subject to conditions, this shall be expressly stated in the offer. The offer is non-binding. The entrepreneur is entitled to amend 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 the consumer to properly assess the offer.

If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind the entrepreneur.

All images and specifications in the offer are indicative and may not give rise to compensation or cancellation of the contract.

Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to 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 accepting the offer. This concerns, in particular:

  • Any shipping costs.

  • The manner in which the contract will be concluded and which actions are required for this.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery and performance of the contract.

  • The period for accepting the offer, or the period during which the entrepreneur guarantees the price.

  • The amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used.

  • Whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer.

  • The way in which the consumer, before concluding the contract, can check and, if desired, correct the information provided by them in the context of the contract.

  • Any other languages in which, in addition to Dutch, the contract 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 contract in the event of a continuing transaction.

Optional: available sizes, colors and types of materials.

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 conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the 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 observe appropriate security measures.

Within the limits of the law, the entrepreneur may investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors that are important for responsibly entering into 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, stating reasons, or to attach special conditions to the performance of the contract.

The entrepreneur shall provide the consumer, together with the product or service, 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 visiting address of the entrepreneur’s establishment where the consumer can submit complaints.

  • 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.

  • Information about warranties and after-sales service.

  • The information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur 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 event of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into 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 any reason for a period of 30 days.

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

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 to the entrepreneur with all supplied accessories and, where 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 exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. The consumer must provide this notification by written message or email.

After the consumer has notified the entrepreneur that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the entrepreneur that they wish to exercise their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in the Event 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 subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return shipment 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, 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 created by the entrepreneur in accordance with the consumer’s specifications.

  • That are clearly personal in nature.

  • That cannot be returned due to their nature.

  • That can spoil or age quickly.

  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control.

  • For individual newspapers and magazines.

  • For media and video recordings and computer software of which the consumer has broken the seal.

  • For hygiene 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 products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependence on fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

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

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

  • They result from statutory regulations or provisions.

  • The consumer has the right to terminate the contract with effect from 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 event of printing or typographical 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 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 the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after 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 has had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging.

  • The defect is wholly or partly the result of regulations that the government has issued or will issue regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when 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 with due dispatch, 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 can only be executed partially, the consumer shall be notified of this 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 is entitled to any compensation.

In the event 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 comprehensibly stated, no later than upon delivery, 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 entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period and intended for 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 may terminate a contract concluded for a fixed period and intended for the regular delivery of products, including electricity, or services at any time 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 may terminate the contracts referred to in the previous paragraphs:

  • At any time and shall not be limited to termination at a particular time or during a particular period.

  • At least in the same manner as they were entered into by the consumer.

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

Renewal

A contract concluded for a fixed period and intended for the regular delivery of products, including electricity, or services may not be tacitly renewed or extended for a fixed period.

In deviation from the previous paragraph, a contract concluded for a fixed period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A contract concluded for a fixed period and intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract is intended for the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes, such as a trial or introductory subscription, shall not be tacitly continued and shall automatically end 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 cooling-off period referred to in Article 6, paragraph 1 has started.

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 a duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, 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 to the entrepreneur within seven days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur shall 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 shall respond within the period of 14 days with an acknowledgment 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 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, 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 apply are governed exclusively by Dutch law.

This also applies if the consumer resides abroad.