General terms and condititons
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer may exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuous 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 data carrier: 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 cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: 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 cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and the packaging with care.
If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and, if possible, in the original condition, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general 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 general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they 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 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 data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.
In the event that, 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 general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely approximates the intent of the original provision.
Situations that are not regulated in these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall 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 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 enable the consumer to properly assess the offer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of 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 concerns in particular:
– any shipping costs;
– the manner in which the contract will be concluded and which 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 acceptance of the offer, or the period within which the entrepreneur guarantees the price;
– the amount 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 for the means of communication used;
– whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer;
– the manner in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract;
– any other languages in which, in addition to Dutch, the contract can be concluded;
– the codes of conduct to which the entrepreneur has subjected themselves and the manner in which the consumer can consult these codes of conduct electronically;
– 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 the consumer accepts the offer and complies with the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within the legal framework, inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds for not entering into the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
The entrepreneur shall include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
– the visiting address of the entrepreneur’s establishment where the consumer can submit 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;
– information on guarantees and existing after-sales service;
– the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to execution of the contract;
– the requirements for termination of the contract if the contract 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 applies only to the first delivery. Every contract 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 contract without giving reasons for a period of 30 days.
This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and the packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product.
If the consumer makes use of their right of withdrawal, they shall return the product with all supplied 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.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receipt of the product. The notification must be made by means of a written message or email.
After the consumer has notified that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If the customer has not notified their intention to exercise the right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 and/or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer makes use of their right of withdrawal, the costs for 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 at the latest within 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 of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract.
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 by their nature cannot be returned;
– that can deteriorate or age rapidly;
– the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence;
– for individual newspapers and magazines;
– for media and video recordings and computer software of which the consumer has broken the seal;
– for hygienic products of which the consumer has broken the seal
Article 9 – The Price
During the period of validity 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.
By way of derogation from 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 influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices will 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;
– the consumer has the authority to terminate the agreement as of the day on which 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 entrepreneur is not obliged to deliver the product at the erroneous 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, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is concluded. 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 statutory 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 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 has had them repaired and/or modified by third parties;
– the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or treated contrary to the instructions of the entrepreneur and/or the packaging;
– the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur will exercise the greatest possible care in receiving and fulfilling orders for products.
Subject to what is stated in Article 4 of of these general terms and conditions, the company will execute accepted orders with due speed, 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 executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered.
For replacement items, the right of withdrawal may not be excluded. The costs of any return shipment are 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 expressly agreed otherwise.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and aimed at 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 aimed at the regular delivery of products (including electricity) or services at any time at 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 previous paragraphs:
– at any time and is not restricted to termination at a specific time or during a specific period;
– at least in the same manner as they were entered into by the consumer;
– always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of a maximum of three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended 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 the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.
An agreement of limited duration aimed at the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period has been purchased.
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 cooling-off period as referred to in Article 6(1).
In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the performance of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment 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 the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
This also applies if the consumer resides abroad.