General terms and conditions

General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Reflection Period: The period during which the consumer can exercise their right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration Transaction: A distance contract relating to a series of products and/or services, the delivery and/or performance obligations of which are 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 unaltered reproduction of the stored information.
Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services remotely 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, where up to and including the conclusion of the contract only one or more techniques for remote communication are used.
Technique for Remote 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 agreement within a reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and its packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied 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 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 indicated before the conclusion of the distance contract that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge 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 may be made available to the consumer electronically in such a way that it can be stored by the consumer easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always rely on the provision most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms remain in force, and the relevant provision shall be promptly replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these terms. Ambiguities in the interpretation or content of one or more provisions shall be interpreted “in the spirit” of these terms.

Article 4 – The Offer
If an offer has a limited validity period or is made under conditions, this shall 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, they are a true 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 dissolution of the contract.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This particularly concerns:

Any shipping costs.
How the agreement will be concluded and what actions are required.
Whether the right of withdrawal applies.
The method of payment, delivery, and execution of the agreement.
The period for acceptance of the offer or the period within which the entrepreneur guarantees the price.
The cost of using remote communication techniques if these are charged on a basis other than the standard rate.
Whether the agreement will be archived after conclusion and, if so, how the consumer can consult it.
How the consumer can check and, if desired, correct the data provided by them in the framework of the agreement.
Any other languages in which the agreement may be concluded besides Dutch.
The codes of conduct the entrepreneur has adhered to and how the consumer can consult these electronically.
The minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colors, types of materials.

Article 5 – The Agreement
The agreement, subject to Article 4 paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
If the consumer accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement 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 take appropriate security measures.
The entrepreneur may – within legal limits – check whether the consumer can meet their payment obligations and all relevant facts for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to conclude the agreement, they are entitled to refuse an order or request with motivation or attach special conditions to execution.
The entrepreneur shall provide the following information to the consumer with the product or service, in writing or in such a way that it can be stored accessibly on a durable data carrier:

The visiting address of the entrepreneur’s establishment for complaints.
The conditions and method for exercising the right of withdrawal, or a clear notice if the right of withdrawal is excluded.
Information on warranties and existing after-sales service.
The information in Article 4 paragraph 3, unless already provided to the consumer before execution of the agreement.
Requirements for terminating the agreement if the duration exceeds one year or is indefinite.
In the case of a duration transaction, the previous paragraph applies only to the first delivery. Each agreement is concluded under the suspensive condition of sufficient product availability

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 30 days.
This reflection period begins the day after the consumer receives the product or a representative designated in advance by the consumer and made known to the entrepreneur.

During the reflection period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep the product.

If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories 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 their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. This notification must be made in writing or by 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 provide proof that the delivered items were returned on time, for example by providing proof of shipment.

If the customer has not indicated that they wish to exercise their right of withdrawal and/or has not returned the product to the entrepreneur after the periods mentioned above, the purchase becomes 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.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is conditional upon the product having already been received by the entrepreneur or proof of complete return being provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described above. The exclusion only applies if the entrepreneur has clearly stated this in the offer, at the latest before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:
- That have been created by the entrepreneur according to the consumer's specifications.
- That are clearly of a personal nature.
- That cannot be returned due to their nature.
- That may deteriorate or expire quickly.
- Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
- For single newspapers and magazines.
- For media and video recordings and computer software where the consumer has broken the seal.
- For hygienic products where the consumer has broken the seal.
Article 9 – Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are indicative will be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if agreed upon by the entrepreneur and:
- Result from legal regulations or provisions.
- The consumer has the right to terminate the agreement as of the day the price increase takes effect.
All prices are subject to typographical errors. No liability is accepted for the consequences of printing errors. In the event of printing errors, the entrepreneur is not obliged to deliver the product at the incorrect 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 reliability and/or usability, and the applicable legal provisions and/or government regulations at the date of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights of the consumer arising from the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur 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 factory 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 or modified the delivered products themselves or had them repaired/modified by third parties.
- The products have been exposed to abnormal circumstances, handled carelessly, or treated in violation of the entrepreneur’s instructions or packaging instructions.
- The defect is wholly or partially due to governmental regulations regarding the nature or quality of the applied materials.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

With due observance of Article 4 of these terms and conditions, accepted orders shall be executed with due speed but no later than 30 days, unless the consumer agrees to a longer delivery period.

If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In case of dissolution under 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 is impossible, the entrepreneur will make reasonable efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is provided.

For replacement items, the right of withdrawal cannot be excluded. The costs of a possible return are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination
The consumer may terminate a contract concluded for an indefinite period, aimed at regularly delivering products (including electricity) or services, at any time, with a notice period of at most one month as agreed.

The consumer may terminate a contract concluded for a fixed period, aimed at regularly delivering products (including electricity) or services, at any time at the end of the fixed term, with a notice period of at most one month as agreed.

The consumer may terminate such agreements:
- At any time, not limited to a specific moment or period;
- In at least the same manner as they were concluded;
- Always with the same notice period as the entrepreneur applied for themselves.
Extension
A fixed-term agreement for regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Exceptionally, fixed-term agreements for regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum of three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of at most one month.

A fixed-term agreement for regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may always terminate with a notice period of at most one month, and for agreements delivering newspapers less than once per month, a maximum of three months’ notice.

Trial or introductory subscriptions for newspapers or magazines will not be tacitly extended and end automatically after the trial period.

Duration
If a contract exceeds one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment
Unless otherwise agreed, amounts due by the consumer must be paid within seven working days after the start of the reflection period referred to in Article 6(1).

For service agreements, this period begins after the consumer receives confirmation of the agreement.

The consumer must immediately report any inaccuracies in the provided or stated payment information to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted in full and clearly described within seven days after the consumer has identified the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.

If a complaint requires a longer processing time, the entrepreneur will respond 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 amicably, 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 justified 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 relate, even if the consumer resides abroad.