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General terms and conditions

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 does not act for purposes related to trade, business, craft, or profession, and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any device that enables the consumer or entrepreneur to store information that is personally addressed to them, in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: The option 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 an organized system for distance selling of products and/or services, where up to and including the conclusion of the contract, only one or more techniques for distance communication are used.
Technique for distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room at the same time.
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 period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer from 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 terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision most favorable to them in the event of conflicting terms.
If one or more provisions of these general terms and conditions are null and void or annulled at any time, the remaining provisions shall remain in full force and effect. The relevant provision shall be replaced in mutual consultation by a provision that approximates the intent of the original provision as closely as possible.
Situations not regulated in these terms shall be assessed "in the spirit" of these terms. Uncertainties about the interpretation or content of one or more provisions shall also be explained "in the spirit" of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated. 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 shall be sufficiently detailed to enable a proper assessment by the consumer.
If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer shall not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Each offer contains information so that the consumer clearly understands the rights and obligations that are attached to accepting the offer, in particular:

Any shipping costs
The manner in which the contract will be concluded and which actions are required
Whether or not the right of withdrawal applies
The method of payment, delivery, and performance 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 calculated on a basis other than the basic rate
Whether the contract will be archived after conclusion and, if so, how it can be accessed
The way the consumer can check and, if necessary, correct data provided before concluding the contract
Any other languages in which the contract may be concluded
The codes of conduct to which the entrepreneur has submitted and how they can be consulted electronically
The minimum duration of the distance contract in case of a long-term transaction
Optional: available sizes, colors, type of materials

Article 5 – The Contract

The contract, subject to the provisions in paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. As long as this acceptance has not been 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.
The entrepreneur may, within the legal framework, ascertain whether the consumer can meet their payment obligations, and gather facts and factors relevant for responsibly entering into the contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to performance.
Upon delivery of the product or service, the entrepreneur shall provide the consumer with the following information:

The address of the entrepreneur’s business where the consumer can lodge complaints
The conditions and method by which the consumer may exercise the right of withdrawal
Information about guarantees and after-sales service
The information referred to in Article 4(3), unless the entrepreneur already provided this information before performance of the contract
The requirements for terminating the contract if it has a duration of more than one year or is indefinite

Article 6 – Right of Withdrawal (Products)

When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 30 days.
The cooling-off period commences the day after receipt of the product by the consumer or a representative previously designated by the consumer.
During this period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product as far as necessary to determine whether they wish to keep it.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.

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 made a payment, 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 by the entrepreneur or conclusive evidence of its return has been supplied.

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. Exclusion of the right of withdrawal is only possible if this has been clearly stated in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

Produced by the entrepreneur according to consumer specifications
Clearly of a personal nature
Which, by their nature, cannot be returned
Which can spoil or age quickly
Whose price depends on fluctuations in the financial market beyond the entrepreneur’s control
Individual newspapers and magazines
Audio or video recordings and computer software whose seals have been broken by the consumer
Hygiene products whose seals have been broken by the consumer

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for changes resulting from VAT rates.
Contrary to 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 dependency on fluctuations and the fact that any prices stated are indicative shall be mentioned in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if:

They result from statutory regulations or provisions, or
The consumer has the right to terminate the contract as of the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and usability, and existing statutory provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert under the contract.
Defects or wrongly 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 guarantee period corresponds to the manufacturer’s warranty period. 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 guarantee 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 used contrary to the instructions of the entrepreneur and/or the packaging
The defect results wholly or partly from regulations that the government has set or will set with regard to the nature or quality of the materials used

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care when receiving and executing product orders.
Subject to what is stated in Article 4 of these terms and conditions, the company shall execute accepted orders promptly but no later than within 30 days, unless a longer delivery period has been agreed with the consumer.
If delivery is delayed, or if an order cannot or only partially be executed, the consumer shall be informed no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without cost and is entitled to possible 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 endeavor to make a replacement item available. Clear and comprehensible notification shall be given at the latest upon delivery 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 previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate a contract concluded for an indefinite period and which extends to 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 concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the fixed duration, 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 at any time and is not restricted to termination at a specific time or during a specific period
At least terminate them in the same way as they were entered into
Always terminate with the same notice period as the entrepreneur has stipulated for themselves

Renewal
A contract concluded for a definite period and which extends to the regular delivery of products or services may not be tacitly renewed or extended for a definite duration.
Contrary to the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news, and weekly papers and magazines may be tacitly renewed for a definite duration of up to three months, if the consumer can terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite duration 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 in case the contract extends to the regular, but less than once-a-month, delivery of daily, news, and weekly papers and magazines.
A contract with a limited duration for the regular delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) shall not be tacitly renewed and ends automatically after 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 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 start of the cooling-off period referred to in Article 6(1).
In the case of a contract to provide a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within seven days after the consumer has discovered 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 foreseeable longer processing time, the entrepreneur shall reply within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at their choice, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate shall be exclusively governed by Dutch law, even if the consumer resides abroad.