Terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply: Withdrawal period means the time frame within which the consumer can exercise their right of withdrawal. The consumer is a natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur. A day refers to a calendar day. A duration transaction is a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time. A durable data carrier is any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible. The right of withdrawal refers to the consumer’s ability to cancel the distance contract within the withdrawal period. The entrepreneur is the natural or legal person who offers products and/or services to consumers at a distance. A distance contract is an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, one or more techniques for distance communication are used exclusively up to and including the conclusion of the contract. A technique for distance communication means any means that can be used for concluding a contract without the consumer and entrepreneur being physically present in the same place at the same time. The General Terms and Conditions refer to these present General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a withdrawal period of 30 days without giving any reason. During the withdrawal period, the consumer will handle the product and packaging carefully. If the consumer exercises their right of withdrawal, they will return the product with all accessories and, if possible, in its original condition, following reasonable instructions from the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer of 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 will be made available to the consumer. If this is not reasonably possible, it will be stated before concluding the contract that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge upon request. If the contract is concluded electronically, the general terms and conditions may be provided electronically before conclusion in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge upon request either electronically or otherwise. If, in addition to these terms and conditions, specific product or service conditions apply, the provisions of the previous paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to them. If one or more provisions of these terms and conditions are wholly or partially invalid or annulled, the remainder of the agreement and these terms will remain in force, and the invalid provision will be replaced by a provision that approximates the original intent as closely as possible. Situations not covered by these terms and conditions should be assessed in the spirit of these terms and conditions. Any ambiguities concerning the interpretation or content of one or more provisions will be interpreted in the spirit of these terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated. The offer is non-binding. The entrepreneur reserves the right to change or adjust the offer. The offer contains a complete and accurate description of the products and/or services offered, sufficiently detailed to allow a proper assessment by the consumer. Any images used are a truthful representation of the offered products and/or services. Obvious mistakes or errors do not bind the entrepreneur. All images and specifications in the offer are indicative and cannot lead to claims for damages or contract termination. Product images are truthful representations but the entrepreneur cannot guarantee that the displayed colors exactly match the real colors. Each offer contains information that clearly states the consumer’s rights and obligations upon acceptance, especially regarding shipping costs, how the contract will be formed and required steps, whether the right of withdrawal applies, payment, delivery and execution terms, the period for acceptance of the offer or the period within which the price is guaranteed, communication costs if charged differently than the base rate, whether the contract will be archived and how it can be accessed, how the consumer can check and correct their provided data before concluding the contract, available languages besides Dutch, codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically, the minimum duration of the contract in case of duration transactions, and optionally available sizes, colors, and materials.
Article 5 – The Contract
The contract is concluded, subject to paragraph 4, when the consumer accepts the offer and meets the stipulated conditions. If acceptance is electronic, the entrepreneur confirms receipt electronically immediately. Until this confirmation, the consumer may dissolve the contract. If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure data transmission and ensure a secure web environment. If electronic payment is possible, appropriate security measures are taken. The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and assess other relevant factors. If there are reasonable grounds to refuse the contract, the entrepreneur may reject the order or impose special conditions. Upon delivery, the entrepreneur provides the consumer with information in writing or on a durable data carrier, including the entrepreneur’s visit address for complaints, the conditions and procedure for exercising the right of withdrawal or a clear notice of its exclusion, warranty and after-sales service information, data included in Article 4 paragraph 3 unless already provided before execution, termination conditions for contracts longer than one year or indefinite duration, and in the case of duration transactions, this applies only to the first delivery. All contracts are conditional on sufficient product availability.
Article 6 – Right of Withdrawal
Upon purchase of products, the consumer may dissolve the contract within 30 days without giving reasons. This period starts the day after receipt of the product by the consumer or their designated representative. During this period, the consumer will handle the product and packaging carefully and only unpack or use the product to the extent necessary to determine whether they wish to keep it. If exercising the right of withdrawal, the consumer will return the product with all accessories, in original condition and packaging if reasonably possible, according to the entrepreneur’s clear instructions. The consumer must notify the entrepreneur of withdrawal within 30 days after receipt by written message or email. After notification, the consumer must return the product within 30 days and provide proof of timely return, for example by shipment receipt. If the consumer does not notify or return in time, the purchase is final.
Article 7 – Costs of Withdrawal
If the consumer exercises the right of withdrawal, return costs are borne by the consumer. If the consumer has paid, the entrepreneur will refund the amount as soon as possible, no later than 30 days after withdrawal, provided the product is received or proof of return is provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products if clearly stated in the offer or before conclusion. This applies to products made according to consumer specifications, clearly personal products, goods that cannot be returned due to their nature, perishable items, products with prices linked to financial market fluctuations, loose newspapers and magazines, media and software with broken seals, and hygienic products with broken seals.
Article 9 – Price
Prices stated in the offer remain valid during the offer’s validity, except for VAT changes. Products with prices linked to financial market fluctuations may have variable prices; this is stated in the offer. Price increases within three months after contract conclusion are only allowed due to legal provisions. After three months, increases are allowed if agreed upon and if the consumer may terminate the contract from the date of the increase. All prices are subject to printing errors, for which the entrepreneur accepts no liability.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and/or services meet the contract, specifications, reasonable quality standards, and legal regulations at contract date. Any manufacturer’s warranty does not affect the consumer’s statutory rights. Complaints about defects or wrong delivery must be reported within 30 days in writing. Returned products should be in original packaging and new condition. The entrepreneur’s warranty period matches the manufacturer’s warranty. The entrepreneur is not responsible for product suitability for individual use or advice given. Warranty does not apply if the consumer repaired or altered the product, exposed it to abnormal conditions, or did not follow instructions or government regulations.
Article 11 – Delivery and Execution
The entrepreneur will handle orders with care and execute accepted orders promptly, no later than 30 days unless agreed otherwise. If delivery is delayed or only partly possible, the consumer will be notified within 30 days of the order. The consumer may then dissolve the contract without costs and claim damages. Upon dissolution, payments will be refunded within 30 days. If delivery is impossible, the entrepreneur will attempt to provide a replacement, which will be clearly indicated upon delivery. The right of withdrawal cannot be excluded for replacements, and return costs are borne by the entrepreneur. Risk of damage or loss passes to the consumer upon delivery unless otherwise agreed.
Article 12 – Duration Transactions: Duration, Termination, and Extension
The consumer may terminate an indefinite contract for regular delivery of products or services anytime, respecting agreed termination rules and a maximum one-month notice period. Fixed-term contracts may be terminated at the end of the term, also respecting termination rules and a maximum one-month notice. Consumers can always terminate contracts similarly to how they were concluded and with the same notice as the entrepreneur. Fixed-term contracts cannot be tacitly extended except for newspaper or magazine subscriptions, which can be tacitly extended for up to three months, and the consumer can terminate these extensions with one-month notice. Contracts for limited trial deliveries do not automatically continue and end after the trial. Contracts longer than one year may be terminated by the consumer after one year with a one-month notice unless fairness dictates otherwise.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven business days after the start of the withdrawal 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 is obliged to report any inaccuracies in the 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 that were communicated in advance to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within seven days after the consumer has identified the defects. The complaint must be fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.
If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when a more detailed answer can be expected.
If a complaint cannot be resolved in mutual consultation, it becomes a dispute that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If the entrepreneur finds the complaint justified, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.