Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract concerning a series of products and/or services, for which the obligation to deliver and/or take delivery is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered 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 from a distance;
Distance contract: a contract concluded within the framework of an organized system by the entrepreneur for distance selling of products and/or services, where exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur meeting simultaneously in the same space;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Company name: Available upon request
Chamber of Commerce number: Available upon request

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order 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 indicated before the distance contract is concluded 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 request of the consumer.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions can 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 distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced without delay in mutual consultation 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 about 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 is of limited duration or subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these 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, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to 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 fees and import VAT. These additional costs will be borne by and at the risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding the importation. This arrangement applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the charged clearance fees) from the recipient of the goods;
Any costs of delivery;
The method by which the agreement will be concluded and what actions are required for this;
Whether or not the right of withdrawal applies;
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 level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the regular basic rate for the used communication medium;
Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
The way in which the consumer, before concluding the contract, can check the data provided by them under the contract and, if desired, rectify it;
Any other languages in which, besides 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; and
The minimum duration of the distance contract in the event of a continuous transaction. Optional: available sizes, colors, types of materials.

ARTICLE 5 – THE CONTRACT

The contract is concluded, subject to the provisions of paragraph 4, 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 will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.

The entrepreneur may, within legal frameworks, check whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, 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:

the 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 exercise 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 terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded 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 contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.

During the cooling-off 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 delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days, after receipt of the product. The consumer must do this via a written message/email. After the consumer has made known that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not made it known that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises his right of withdrawal, the costs for returning the products are borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur can exclude the right of withdrawal of the consumer for 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 for the conclusion of the agreement.

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

that have been created by the entrepreneur following consumer specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
the price of which 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.

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;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

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, except for price changes due to 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 on which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

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

Price increases from 3 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; or
the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The entrepreneur ensures that the products and/or services comply with the agreement, 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 of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty 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 agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after delivery. The return of the products must be in the 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 processed the delivered products themselves or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
the inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND EXECUTION

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in paragraph 4 of this article, 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 be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In case of dissolution following 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 the delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement article. At the latest at the time of delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless expressly agreed otherwise.

ARTICLE 12 – DURATION TRANSACTIONS: DURATION, CANCELLATION, AND EXTENSION

Cancellation:

The consumer can cancel an agreement that has been concluded 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 cancellation rules and a notice period of no more than one month.

The consumer can cancel an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of 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 in the same way as they were entered into by the consumer;
always with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement 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 tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate 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 agreement extends to the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.

An agreement of limited duration to the regular delivery of trial or introductory newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

ARTICLE 13 – PAYMENT

To the extent that no other agreement has been made, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.

In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer reasonable costs made known to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur 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 requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

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

In case of complaints, a consumer must first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either 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 exclusively governed by Dutch law. Even if the consumer resides abroad.