Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:
Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and 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 supply and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability 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 by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more techniques for communication at a distance;
Technique for communication at a distance: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present together;
General terms and conditions: the current general terms and conditions of the entrepreneur.
Article 2 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions must 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 are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request. As soon as possible.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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 accessed electronically and that they will be sent to the consumer electronically or free of charge by other means upon request.
In the event that, in addition to these general terms and conditions, special product or service conditions also apply, paragraphs two and three shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions of these general terms and conditions are wholly or partially null and void or are declared void at any time, the agreement and these conditions shall remain in force for the remainder, and the relevant provision shall be replaced by mutual agreement as soon as possible to approximate the original scope of the provision as much as possible.
Situations not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our general 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 will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur has the right 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 errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a true representation of the offered products. The contractor cannot guarantee that the displayed colors exactly match the real colors of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to the following:
The price, excluding customs duties and VAT on import. These additional costs are for the account and risk of the customer. The postal and/or courier service uses the special scheme for postal and courier services upon import. This scheme applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (together with any customs duties charged or not) from the recipient of the goods;
Any shipping costs;
The way in which the agreement will be concluded and the steps required for this;
Whether the right of withdrawal applies;
How payment, delivery, and execution of the agreement will take place;
The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
The amount of the fee for distance communication if the costs of using the technique for distance communication are calculated on a different basis than the usual basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
how the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
In which other languages than Dutch the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can take note of these codes of conduct by electronic means, and the minimum duration of the distance contract if it concerns a longer transaction.
Optional: available sizes, colors, and materials.
Article 5 - The agreement
The agreement is concluded, unless otherwise stated in point 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stated therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal frameworks, ascertain the consumer's ability to fulfill his payment obligations, as well as all facts and factors that are important for the 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 application or to attach special conditions to its execution.
The entrepreneur will send the following information regarding 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 medium:
The visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
The conditions under which and the way 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 service after purchase;
The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a pre-designated representative made known to the entrepreneur.
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. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the 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 his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receiving the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs of return will be for his account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time for 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 consumer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that spoil or become obsolete quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, catering, or leisure activities to be performed on a certain date or during a certain period;
whose delivery has commenced with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.
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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
These are the result of statutory regulations or provisions; or
The consumer has the authority to cancel the agreement with effect from the day the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the date of the conclusion of the agreement existing legal provisions and/or government regulations.
An arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims that the consumer, in respect of a failure to fulfill the obligations of the entrepreneur towards the consumer, can enforce under the law and/or the distance contract.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After 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 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination, and extension
Termination
The consumer may at all times 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, subject to the agreed termination rules and a notice period of up to one month.
The consumer may at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at the end of the definite period, subject to the agreed termination rules and a notice period of up to one month.
The consumer may, in the agreements referred to in the previous paragraphs:
terminate them at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same way as they entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Contrary to the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily newspapers, weeklies and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of up to one month.
An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel this agreement at any time with a notice period of no more than one month. The notice period is up to three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers, weeklies, and magazines.
An agreement with limited duration to the regular delivery of trial or introductory products or services, including electricity, is not tacitly continued and ends automatically at the end of the trial or introductory period.
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 up to one month, unless reasonableness and fairness stand against termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 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.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, 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 message of receipt and an indication 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 scheme.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject only to Dutch law.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.