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General Therms And Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period:
The period during which the consumer may exercise their right of withdrawal.

Consumer:
The natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.

Day:
Calendar day.

Continuous 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 data carrier:
Any means that enables the consumer or trader 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.

Trader:
The natural or legal person who offers products and/or services to consumers by distance selling.

Distance contract:
A contract concluded within the framework of a system organised by the trader for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

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

General Terms and Conditions:
These present General Terms and Conditions of the trader.

Article 2 – Right of Withdrawal

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

If the consumer exercises their right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition, in accordance with reasonable instructions provided by the trader.

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader 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, prior to the conclusion of the distance contract, that the General Terms and Conditions are available for inspection at the trader’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, the text of these General Terms and Conditions may be made available to the consumer by electronic means 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, prior to the conclusion of the distance contract, where the General Terms and Conditions can be consulted electronically and that they will be sent to the consumer free of charge upon request, either electronically or by other means.

If, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are wholly or partially void or annulled at any time, the agreement and the remaining provisions shall otherwise remain in force. The invalid provision shall be replaced by mutual agreement as soon as possible with a provision that most closely reflects the intent of the original provision.

Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall likewise 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 made subject to specific conditions, this shall be expressly stated in the offer. All offers are non-binding. The trader reserves the right to amend, modify, or withdraw 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 make a proper assessment of the offer.

Where the trader makes use of images, such images constitute a true and faithful representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer shall not bind the trader.

All images and specifications included in the offer are indicative only and may not give rise to any right to compensation or to termination of the agreement.

Images accompanying products constitute a true representation of the products offered. The trader cannot guarantee that the colours displayed exactly correspond to the actual colours of the products.

Each offer contains such information as is necessary to ensure that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes, in particular:

Any applicable shipping costs.
The manner in which the agreement will be concluded and the actions required to do so.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and performance of the agreement.
The period for acceptance of the offer or the period within which the trader guarantees the price.
The level of the charge for distance communication where the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the communication method used.
Whether the agreement will be archived after its conclusion and, if so, the manner in which it can be accessed by the consumer.
The manner in which the consumer may, prior to concluding the agreement, review the data provided by them in connection with the agreement and, if desired, correct such data.
Any other languages in which the agreement may be concluded, in addition to Dutch.
The codes of conduct to which the trader has committed and the manner in which the consumer may consult these codes of conduct by electronic means.
The minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colours, and materials

Article 5 – The Contract

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer by electronic means, the trader shall promptly confirm receipt of acceptance of the offer by electronic means. As long as receipt of such acceptance has not been confirmed by the trader, the consumer may terminate the agreement.

Where the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. Where the consumer is able to make payment electronically, the trader shall observe appropriate security measures.

The trader may, within the limits of the law, assess whether the consumer is able to meet their payment obligations, as well as all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this assessment, the trader has valid grounds for not entering into the agreement, the trader is entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The trader shall provide the consumer, together with the product or service, with the following information, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:

The business address of the trader’s establishment where the consumer may 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 concerning warranties and existing after-sales service.
The information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement.
The requirements for termination of the agreement where the agreement has a duration of more than one year or is concluded for an indefinite period.

In the case of a continuous transaction, the provision in the preceding paragraph shall apply only to the first delivery. Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal (Products)

Upon the purchase of products, the consumer has the right to dissolve the agreement within a period of 30 days without stating any reasons.

This cooling-off period shall commence on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.

During the cooling-off period, the consumer shall handle the product and its packaging with due care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to retain the product.

If the consumer exercises their right of withdrawal, they shall return the product to the trader 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 trader.

Where the consumer wishes to exercise the right of withdrawal, they are required to notify the trader within 30 days of receipt of the product. Such notification must be made by written notice or by email.

After the consumer has notified the trader of their intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must be able to demonstrate that the delivered goods have been returned in a timely manner, for example by providing proof of shipment.

If the consumer has not notified the trader of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3 and/or has not returned the product to the trader, the purchase shall be deemed final.

Article 7 – Costs in Case 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 trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received by the trader or that conclusive proof of complete return shipment has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader 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 shall apply only if the trader has clearly stated this in the offer or, in any event, in a timely manner prior to the conclusion of the agreement.

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

That have been produced by the trader in accordance with the consumer’s specifications.
Which are clearly personal in nature.
That, by their nature, are not suitable to be returned.
That are liable to deteriorate or expire rapidly.
The price of which is subject to fluctuations in the financial market over which the trader has no control.
For individual newspapers and magazines.
For audio and video recordings and computer software where the consumer has broken the seal.
For hygienic products where the consumer has broken the seal.

Article 9 – Prices

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.

By way of exception to the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control, at variable prices. Such dependence on market fluctuations and the fact that any prices stated may be indicative only shall be expressly stated in the offer.

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

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

Such increases result from statutory regulations or provisions; or
The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical or printing errors. In the event of such errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader warrants 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 statutory provisions and/or government regulations in force at the date the agreement is concluded. Where agreed, the trader also warrants that the product is suitable for purposes other than normal use.

Any warranty provided by the trader, manufacturer, or importer shall not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery. Returned products must be sent back in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader shall never be responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice relating to the use or application of the products.

The warranty shall 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, have otherwise been handled negligently, or have been used contrary to the instructions of the trader and/or the instructions stated on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by government authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader shall exercise the utmost care when receiving and fulfilling orders for products.

Subject to the provisions set out in Article 4 of these General Terms and Conditions, the trader shall execute accepted orders with due expedition and in any event no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer shall have the right to dissolve the agreement free of charge and shall be entitled to any applicable compensation.

In the event of dissolution in accordance with the preceding paragraph, the trader 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 to be impossible, the trader shall make every effort to provide a replacement item. No later than at the time of delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.

In the case of replacement items, the right of withdrawal may not be excluded. The costs of any return shipment shall be borne by the trader.

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

Article 12 – Continuous Transactions

Termination

The consumer may terminate an agreement entered into for an indefinite period and which provides 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 an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time towards 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 agreements referred to in the preceding paragraphs:

at any time, and shall not be restricted to termination at a specific time or during a specific period;
at least in the same manner as the agreement was entered into by the consumer;
always with the same notice period as that stipulated by the trader for themselves.

Renewal

An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a further fixed period.

By way of exception to the preceding paragraph, an agreement entered into for a fixed period and which provides 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 is able to terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month, and with a notice period of no more than three months where the agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the purpose of regularly delivering daily, news, and weekly newspapers and magazines by way of an introductory or trial subscription shall not be tacitly continued and shall automatically end upon completion of the trial or introductory period.

Duration

Where 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 no more than one month, unless the principles of reasonableness and fairness preclude termination prior to the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer shall 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 for the provision of services, this period shall commence after the consumer has received confirmation of the agreement.

The consumer is obliged to promptly notify the trader of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the trader shall be entitled, subject to statutory limitations, to charge the reasonable costs that were made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the trader within seven days, fully and clearly described, after the consumer has identified the defects.

Complaints submitted to the trader shall be responded to within a period of 14 days, calculated from the date of receipt.

If a complaint requires a foreseeably longer processing time, the trader shall, within the period of 14 days, respond with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute shall arise that is eligible for dispute resolution.

A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.

If a complaint is found to be well-founded by the trader, the trader shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the trader and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.