General terms 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 his right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and concludes a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract regarding a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unaltered 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 at a distance to consumers.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, in which, up to and including the conclusion of the contract, only one or more means of distance communication are used.
Means of distance communication: Means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same location.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a 30-day cooling-off period without giving any reason. During the cooling-off period, the consumer shall handle the product and its packaging with care.
If the consumer exercises his right of withdrawal, he shall return the product with all delivered accessories and, if possible, in its original condition, in accordance with reasonable instructions from the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between entrepreneur and 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 contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the contract is concluded, the text of these general terms and conditions can be made available electronically 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 before the contract is concluded where the general terms and conditions can be electronically consulted and that they will be sent free of charge electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 apply accordingly, and in case of conflicting general conditions, the consumer may always rely on the provision most favorable to him.
If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the contract and these terms and conditions remain in effect, and the relevant provision shall be replaced promptly by a provision that approximates the intent of the original provision as closely as possible.
Situations not covered 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 our terms shall be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify 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 the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or 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 termination of the contract.
Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information to make clear to the consumer what rights and obligations are connected with accepting the offer. This includes in particular:

  • Any shipping costs.

  • How the contract will be concluded and which actions are required.

  • Whether 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 rate for distance communication if the costs of using the distance communication technique are calculated differently than the regular basic rate for the used communication method.

  • Whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer.

  • How the consumer can check and, if desired, correct the data provided in the context of the contract before concluding it.

  • Any other languages in which the contract can be concluded besides Dutch.

  • The codes of conduct the entrepreneur has submitted to and how the consumer can consult these electronically.

  • The minimum duration of the distance contract in case of a long-term transaction.

  • Optionally: 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 meets the conditions attached.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of acceptance is not confirmed, 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 safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may – within legal limits – verify whether the consumer can fulfill his payment obligations and consider all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this verification, the entrepreneur has reasonable grounds not to enter into the contract, he may refuse an order or application with justification or attach special conditions to execution.
The entrepreneur shall provide the consumer, with the product or service, the following information, either in writing or in such a way that it can be stored by the consumer on a durable medium:

  • The business address where the consumer can address complaints.

  • The conditions and method by which the consumer can exercise the right of withdrawal or a clear statement if the right of withdrawal is excluded.

  • Information about warranties and existing after-sales service.

  • The information listed in Article 4, paragraph 3, unless already provided to the consumer before contract execution.

  • Requirements for terminating the contract if it has a duration of more than one year or is indefinite.
    In case of a long-term transaction, the previous paragraph applies only to the first delivery. Each contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal
When purchasing products, the consumer may dissolve the contract without giving reasons within 30 days.
This cooling-off period begins the day after the consumer or a designated representative has received the product.
During the cooling-off period, the consumer shall handle the product and packaging with care, only unpacking or using it as necessary to assess whether he wishes to retain the product.
If the consumer exercises the right of withdrawal, he shall return the product with all accessories and, where reasonably possible, in the original condition and packaging, following the entrepreneur’s reasonable and clear instructions.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 30 days of receiving the product, via written message or email.
After notification, the consumer must return the product within 30 days. The consumer must provide proof that the product was returned in time, e.g., a shipping receipt.
If the consumer does not notify or return the product within the periods stated in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in case of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has made a payment, the entrepreneur will refund it as soon as possible, but no later than 30 days after withdrawal, provided the product has been received or proof of return is supplied.

Article 8 – Exclusion of right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3, provided this is clearly stated in the offer or in a timely manner before concluding the contract.
Exclusion is possible only for products:

  • Made according to the consumer’s specifications.

  • Clearly personal in nature.

  • Which cannot be returned due to their nature.

  • Which may perish or age quickly.

  • Whose price is tied to financial market fluctuations beyond the entrepreneur’s control.

  • Single newspapers and magazines.

  • Media, video recordings, and computer software whose seal the consumer has broken.

  • Hygienic products whose seal the consumer has broken.

Article 9 – Price
During the validity period stated in the offer, prices shall not be increased, except for changes in VAT rates.
Products or services with prices tied to financial market fluctuations beyond the entrepreneur’s control may be offered at variable prices, which shall be stated in the offer.
Price increases within three months after the contract are only permitted if required by law.
Price increases after three months are only allowed if agreed and:

  • Result from legal provisions.

  • Allow the consumer to terminate the contract from the effective date of the increase.
    All prices are subject to typographical errors, for which no liability is accepted. The entrepreneur is not obliged to deliver products at incorrect prices.

Article 10 – Conformity and warranty
The entrepreneur guarantees that products and/or services meet the contract, offer specifications, reasonable requirements of quality and/or usability, and legal provisions at the time of contract conclusion. If agreed, the entrepreneur also guarantees suitability for non-standard use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights against the entrepreneur.
Defects or incorrect deliveries must be reported in writing within 30 days of delivery. Returns must be in original packaging and in new condition.
The entrepreneur’s warranty corresponds to the manufacturer’s warranty. The entrepreneur is not responsible for the suitability of products for individual applications by the consumer or for advice on usage.
Warranty does not apply if:

  • The consumer repaired or modified the product, or had it repaired or modified by others.

  • Products were exposed to abnormal conditions, mishandled, or used contrary to instructions.

  • Defects result wholly or partly from government regulations regarding material quality.

Article 11 – Delivery and execution
The entrepreneur shall exercise maximum care in receiving and executing product orders.
Accepted orders will be executed promptly but no later than 30 days, unless a longer delivery period is agreed.
If delivery is delayed or partially impossible, the consumer shall be notified within 30 days of ordering. The consumer may then cancel the contract without costs and claim damages.
In case of cancellation, the entrepreneur will refund the consumer within 30 days.
If delivery of a product is impossible, the entrepreneur shall endeavor to provide a replacement. The consumer shall be clearly informed at delivery.
Withdrawal rights cannot be excluded for replacement products. Return costs are borne by the entrepreneur.
Risk of damage or loss remains with the entrepreneur until delivery to the consumer or a designated representative, unless agreed otherwise.

Article 12 – Long-term transactions: duration, termination, and extension
Termination
The consumer may terminate contracts of indefinite duration for regular delivery of products or services at any time with a maximum one-month notice.
Fixed-term contracts for regular delivery of products or services may be terminated at the end of the term with a maximum one-month notice.
The consumer may:

  • Terminate at any time, not restricted to specific periods.

  • Terminate in the same manner as the contract was concluded.

  • Always terminate with the same notice period as the entrepreneur.

Extension
Fixed-term contracts for regular delivery of products or services may not be tacitly extended, except:

  • Subscriptions for newspapers, periodicals, or magazines may be tacitly extended up to three months if cancellable by the consumer with one month’s notice.

  • Fixed-term contracts for regular delivery may be extended indefinitely only if the consumer can terminate with a maximum one-month notice, or three months for less-than-monthly deliveries of publications.
    Trial subscriptions end automatically after the trial period.

Duration
If a contract exceeds one year, the consumer may terminate after one year with a maximum one-month notice, unless reasonableness and fairness prevent early termination.

Article 13 – Payment
Unless otherwise agreed, amounts due must be paid within seven days after the cooling-off period begins.
For services, this period starts after confirmation of the contract.
The consumer must report incorrect payment details immediately.
In case of non-payment, the entrepreneur may charge reasonable pre-communicated costs, within legal limits.

Article 14 – Complaints procedure
Complaints must be submitted clearly within seven days of discovering defects.
Complaints will be answered within 14 days of receipt.
If more time is needed, the entrepreneur will acknowledge receipt within 14 days and indicate when a detailed response is expected.
Unresolved complaints may be subject to dispute resolution.
Complaints do not suspend the entrepreneur’s obligations unless stated in writing.
If a complaint is justified, the entrepreneur will replace or repair products free of charge.

Article 15 – Disputes
Dutch law exclusively applies to contracts between the entrepreneur and consumer covered by these terms, even if the consumer resides abroad.