General terms and conditions


Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Withdrawal period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Ongoing transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which 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 unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the withdrawal period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: An agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby 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 an agreement, without the consumer and entrepreneur being in the same place at the same time.
Terms and Conditions: The present 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 shall handle the product and its packaging with care.

If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.


Article 3 – Applicability

These 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 terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the contract is concluded, the text of these terms and conditions may be made available electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it shall be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.

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

If one or more provisions in these terms and conditions are wholly or partially null and void or annulled at any time, the agreement and these terms shall remain in force for the remainder and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms shall be interpreted in accordance with the spirit of these terms and conditions.


Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change 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 allow a proper assessment of the offer by the consumer.

If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a truthful representation of the products offered. 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 rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • Any shipping costs.
  • The manner in 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 performance of the agreement.
  • The period for accepting the offer or the period during 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 basis other than the regular basic rate.
  • Whether the agreement is archived after conclusion and, if so, how it can be consulted by the consumer.
  • The way in which the consumer can check and, if necessary, correct the data provided before concluding the agreement.
  • Any other languages in which, in addition to Dutch, the agreement may be concluded.
  • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically.
  • The minimum duration of the distance contract in the case of an ongoing transaction.
  • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

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

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall 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, appropriate security measures shall be observed.

The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has valid grounds not to conclude the agreement based on this investigation, they are entitled to refuse an order or request or attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer on a durable medium:

  • The visiting address of the entrepreneur’s establishment where complaints can be submitted.
  • The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right is excluded.
  • Information about guarantees and existing after-sales service.
  • The data included in Article 4 paragraph 3 of these terms, unless already provided before execution.
  • The requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of an ongoing transaction, the above provision applies only to the first delivery.

Every agreement is entered into under 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 agreement without giving any reason within 30 days.

This reflection period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.

During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.

If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. Notification must be made by means of a written message or email.

After the consumer has expressed their intention to exercise the right of withdrawal, they must return the product within 30 days. The consumer must prove that the goods were returned in time, for example by means of proof of shipment.

If the consumer has not expressed 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 entrepreneur, the purchase is considered 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 entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received back by the entrepreneur or 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 applies only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

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 are liable to deteriorate or expire rapidly.
  • Whose price 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 for which the consumer has broken the seal.
  • For hygienic products for which the consumer has broken the seal.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative shall be stated in the offer.

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

Price increases from three 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 with effect from the date on which the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such 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 agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

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 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 government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

Taking into account what is stated in Article 4 of these terms and conditions, the company shall execute accepted orders with due speed but 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 executed or can only be partially executed, the consumer shall be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement 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 every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by 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 representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.


Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned above:

  • At any time and not be limited to termination at a specific time or during a specific period;
  • At least in the same manner as they were concluded;
  • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate the extended agreement at the end of the renewal with a notice period of no more than one month.

A fixed-term agreement 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 a notice period of no more than three months if the agreement concerns regular delivery of newspapers and magazines less than once per month.

A limited-duration agreement for the regular delivery of newspapers and magazines by way of introduction (trial or introductory subscription) shall not be automatically continued and ends automatically after the trial period.

Duration
If 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 reasonableness and fairness oppose termination before the end of the agreed duration.


Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the commencement of the reflection 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 has the obligation to report inaccuracies in 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 limitations, to charge reasonable costs that have been communicated in advance to the consumer.


Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has identified the defects.

Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt.

If a complaint requires a longer processing time, the entrepreneur shall respond within 14 days with a confirmation 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 arises that is subject to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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


Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply shall be governed exclusively by Dutch law.

Even if the consumer resides abroad.