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 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.
Continuing performance contract: 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 that is addressed to them personally 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 to consumers at a distance.
Distance contract: A contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
Distance communication technology: Any means that can be used to conclude a contract between a consumer and an entrepreneur without the consumer and entrepreneur being simultaneously present in the same physical location.
General Terms and Conditions: The entrepreneur's General Terms and Conditions.
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 his right of withdrawal, he will return the product with all 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 made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur 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 stated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, contrary to 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 in such a way that it can be easily stored by the consumer on a durable data carrier.
If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
If, in addition to these general terms and conditions, specific product or
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis
and, in the event of a conflict between general terms and conditions, the consumer may always invoke 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 void, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be immediately replaced by mutual agreement with a provision that approximates the meaning of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed in accordance with 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 accordance with the spirit of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be
explicitly stated in the offer.
The offer is without obligation.
The entrepreneur is entitled to change and adapt 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 entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious 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 termination of the agreement.
Images accompanying products are a true representation of the products offered.
The entrepreneur 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:
- the price including all taxes and excluding any delivery costs;
● Any shipping costs.
● The manner in which the agreement is concluded and what actions are required for this.
● Whether or not a right of withdrawal applies.
● The method of payment, delivery, and performance of the agreement.
● The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
● The amount of the costs of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the standard basic rate for the technology used.
● The rate for distance communication if the costs of
using the technology for distance communication are calculated on a
basis other than the standard basic rate for the means of communication used.
● Whether the agreement will be archived after conclusion and, if so, how
it can be consulted by the consumer.
● The manner in which the consumer, prior to concluding the agreement, can check 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 agreement can be
concluded.
● The codes of conduct to which the entrepreneur is subject and the manner in which
the consumer can consult these codes of conduct electronically.
● The minimum duration of the distance agreement in the case of an agreement for continuous performance.
Optional: available sizes, colors, types of materials.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment
the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the
business shall immediately confirm receipt of the acceptance of the offer by electronic means 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 entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and
will ensure a secure web environment. If the consumer can pay electronically, the
entrepreneur will take appropriate security measures to this end.
The entrepreneur may – within legal frameworks – ascertain whether the consumer
can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the 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 in an accessible manner on a durable data carrier:
● The visiting address of the entrepreneur's place of business 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 about 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 the execution of the agreement.
● The requirements for terminating the agreement if the agreement has a duration
of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery. Each agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 30 days.
This cooling-off period commences on the day after the consumer or a
representative designated in advance by the consumer and notified to the entrepreneur
receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care.
He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
The consumer will return the product in its original packaging, undamaged and unused, and in the same condition as when it was delivered.
If he exercises his right of withdrawal, he shall return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to the
trader, in accordance with the reasonable and clear instructions provided by the trader.
The trader shall bear the costs of returning the goods to the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 30 days of receiving the product. The consumer must do so by means of a written message or email.
After the consumer has indicated 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 have been returned in time, for example by means of proof of shipment.
If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not indicated that they wish to exercise their right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is 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.
The consumer shall bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur 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 entrepreneur or that conclusive proof of complete return can be provided.
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. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good 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 specifications of the
consumer.
● That are clearly personal in nature.
● That cannot be returned due to their nature.
● That can spoil or age quickly.
● Whose price is subject to fluctuations in the financial market over which the
business owner has no influence.
● For individual newspapers and magazines.
● For media and video recordings and computer software whose seal has been broken by the consumer.
● For hygiene products whose seal has been broken by the consumer.
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 GST rates.
The prices of the products and/or services offered are exclusive of GST.
In afwijking van het vorige lid kan de ondernemer producten of diensten waarvan de prijzen gebonden zijn aan schommelingen op de financiële markt en waar de ondernemer geen invloed op heeft, met variabele prijzen aanbieden. Deze gebondenheid aan schommelingen en het feit dat eventueel vermelde prijzen richtprijzen zijn, worden bij het aanbod vermeld.
Price increases within three months of 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:
● These are the result of legal regulations or provisions.
● The consumer has the right to terminate the agreement with effect from 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 incorrect price.
The entrepreneur reserves the right to change prices at any time without prior notice.
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 reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
The entrepreneur guarantees that the product is free from defects in material and workmanship.
The entrepreneur guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the
legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
The entrepreneur is obliged to fulfill the warranty obligations in accordance with the applicable warranty conditions.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery.
The products must be returned in their original packaging and in new condition.
The entrepreneur reserves the right to refuse the return of products that are not 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 been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging.
● The defect is wholly or partly due to regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and performance
The entrepreneur will exercise the utmost care when receiving
and executing orders for products.
With due observance of the provisions of Article 4 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.
The company reserves the right to deliver in part, provided that this does not cause any significant inconvenience to the consumer.
The company reserves the right to change the delivery period in case of unforeseen circumstances, such as force majeure.
If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part,
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 without incurring any costs and is entitled to any compensation.
In the event of termination 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 termination.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available.
No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.
If the replacement item is of a different quality than the original product, the entrepreneur will endeavor to make this clear to the consumer.
The right of withdrawal cannot be excluded for replacement items. 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 – Long-term transactions: duration, termination, and renewal
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that 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 an agreement that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for an indefinite period at any time, 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 him;
● always with the same notice period as the entrepreneur has stipulated for himself.
The entrepreneur may terminate the agreement.
Extension
A contract that has been entered into for a fixed term and that extends to the regular delivery of products (including electricity) or services may not be tacitly
extended or renewed for a fixed term.
Notwithstanding the previous paragraph, an agreement entered into for a fixed term and
which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the
consumer can terminate this renewed agreement at the end of the renewal period with
a notice period of no more than one month.
An agreement entered into for a fixed term and covering the regular delivery
of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily newspapers,
newspapers, weekly newspapers, and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically end after the trial or introductory period has been purchased.
If the agreement is tacitly renewed, the customer will be informed of this in advance.
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 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 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.
In the case of an agreement to provide a service, this period commences after
the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of default of payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days
from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond
within the period of 14 days with a confirmation 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 resolution 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 will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by English law.
Even if the consumer resides abroad.