Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following terms have the following meanings:

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 enters into a distance contract with the business.

Day: Calendar day.

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

Durable medium: Any medium that enables the consumer or business to store information addressed personally to them in a way that allows for future reference and unaltered reproduction of the stored information.

Right of withdrawal: The consumer’s right to withdraw from the distance contract within the cooling-off period.

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

Distance contract: A contract in which, within the framework of a system organized by the business for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to and including the conclusion of the contract.

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

Terms and Conditions: The present Terms and Conditions of the business.

Article 2 – Right of Withdrawal

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

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

Article 3 – Applicability

These general terms and conditions apply to every offer made by the merchant and to every distance contract and order concluded between the merchant 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 merchant’s premises and will be sent free of charge as soon as possible upon the consumer’s request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or are set aside, the agreement and these terms and conditions 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 general terms and conditions must be assessed “in the spirit” of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in 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 will be explicitly stated in the offer. The offer is non-binding. The business is entitled to change and modify 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.

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

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

Product images are a true representation of the products offered. The merchant cannot guarantee that the colors displayed 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 concerns in particular:

●      Any shipping costs.

●      The manner in which the agreement will be concluded and the steps required to do so.

●      Whether or not the right of withdrawal applies.

●      The method of payment, delivery, and performance of the agreement.

●      The time limit for accepting the offer, or the period during which the business guarantees the price.

●      The rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the standard base rate for the means of communication used.

●      Whether the contract is archived after its conclusion and, if so, how the consumer can access it.

●      The manner in which the consumer, prior to concluding the agreement, can verify the information provided by him in the context of the agreement and, if desired, correct it.

●      Any other languages in which, in addition to Dutch, the contract may be concluded.

●      The codes of conduct to which the business operator is subject and the manner in which the consumer can consult these codes of conduct electronically.

●      The minimum duration of the distance contract in the case of a continuing performance contract.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.

If the consumer has accepted the offer electronically, the business operator shall immediately confirm receipt of the acceptance of the

offer. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the agreement.

If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the business operator shall observe appropriate security measures for this purpose.

The merchant may—within legal limits—verify whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the business operator has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

The business shall provide the consumer with the following information along with the product or service, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:

●      The visiting address of the business’s location 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 regarding warranties and existing after-sales service.

●      The information set forth in Article 4, paragraph 3 of these terms and conditions, unless the business has already provided this information to the consumer prior to the performance of the contract.

●      The requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery. Every contract is entered into subject to the condition precedent of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving reasons within 30 days.

This cooling-off period begins on the day after the consumer or a representative designated in advance by the consumer and notified to the business receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall 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 shall return the product to the merchant with all accessories supplied and—if reasonably possible—in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the merchant within 30 days of receiving the product. The consumer must provide this notification via a written message or email.

After the consumer has notified the merchant of their intention to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example by means of a proof of shipment.

If, after the expiration of the periods specified in paragraphs 2 and 3, the customer has not notified the merchant of their intention to exercise their right of withdrawal and/or has not returned the product to the merchant, the sale is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has paid an amount, the business will 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 by the business or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal

The merchant 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 applies only if the merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.

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

●      That have been created by the merchant in accordance with the consumer’s specifications.

●      That are clearly of a personal nature.

●      That, by their nature, cannot 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 business owner has no control.

●      For individual newspapers and magazines.

●      For media, video recordings, and computer software where the consumer has broken the seal.

●      For hygiene products whose seal has been broken by the consumer.

Article 9 – The Price

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

Notwithstanding the previous paragraph, the business may offer products or services whose prices are subject to fluctuations in the financial market and over which the business has no influence, at variable prices. This subjection to fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.

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

Price increases three months or more after the conclusion of the agreement are only permitted if the business has stipulated this and:

●      They result from statutory regulations or provisions.

●      The consumer has the right to terminate the agreement effective as of the day the price increase takes effect.

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

Article 10 – Conformity and Warranty

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the legal provisions and/or government regulations in effect on the date the agreement is concluded. If agreed upon, the business also guarantees that the product is suitable for use other than normal use.

A warranty 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 business in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The merchant’s warranty period corresponds to the manufacturer’s warranty period. However, the merchant is never responsible for the ultimate suitability of the products for any 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 otherwise handled carelessly, or have been treated in violation of the business’s instructions and/or the instructions on the packaging.

●      The defect is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The business will exercise the utmost care in receiving and fulfilling orders for products.

Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders with due diligence 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 fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.

In the event of termination in accordance with the preceding paragraph, the merchant will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.

If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the merchant.

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

Article 12 – Long-term contracts: duration, termination, and renewal

Termination

The consumer may terminate a contract entered into 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 entered into for a fixed term and intended for the regular delivery of products (including electricity) or services at any time prior to 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 preceding paragraphs:

●      terminate at any time and is not restricted to termination at a specific time or during a specific period;

●      terminate at least in the same manner as they were entered into by the consumer;

●      terminate at any time with the same notice period as the business has stipulated for itself.

Renewal

A contract entered into for a fixed term and intended for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the preceding paragraph, a contract entered into for a fixed term and intended for the regular delivery of daily newspapers, news papers, weekly newspapers, and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer may terminate this extended contract by the end of the extension period with a notice period of no more than one month.

A fixed-term contract 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 contract provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and automatically terminates upon the expiration of 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 preclude 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 business days after the start of the cooling-off period as referred to in Article 6, paragraph 1.

In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obligated to immediately notify the business of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the business owner has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints regarding the performance of the agreement must be submitted to the business in full and clearly described within seven days after the consumer has identified the defects.

Complaints submitted to the business will be answered within 14 days from the date of receipt.