Terms and conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

Cooling-off Period: The period during which the consumer may exercise their right of withdrawal.

Consumer: The natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.

Day: Calendar day.

Extended Transaction: A distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over time.

Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that allows future consultation and unchanged 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: An agreement concluded within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.

Means of Distance Communication: A method that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same place.

Terms and Conditions: These present Terms and Conditions of the entrepreneur.

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 shall handle the product and its packaging with due care.

If the consumer exercises their right of withdrawal, they shall return the product together with all supplied accessories and, where reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These Terms and Conditions apply to every offer made 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 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 that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the Terms and Conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or by other means upon request.

In the event that specific product or service conditions apply in addition to these Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are at any time wholly or partially invalid or annulled, the agreement and the remaining provisions shall remain in force. The relevant provision shall be replaced without delay by mutual agreement with a provision that reflects the original intent as closely as possible.

Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to amend 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 enable the consumer to properly assess the offer.

If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or 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.

Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes, in particular:

• Any shipping costs.

• The manner in which the agreement will be concluded and the actions required for this.

• Whether or not the right of withdrawal applies.

• The method of payment, delivery, and performance of the agreement.

• The period for accepting the offer, or the period during which the entrepreneur guarantees the price.

• The rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used.

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

• The way in which the consumer can check and, if desired, correct the information provided by them in connection with the agreement before the agreement is concluded.

• Any languages other than Dutch in which the agreement may be concluded.

• The codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically.

• The minimum duration of the distance contract in the case of an extended transaction.

• Optional: available sizes, colours, and 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 fulfils the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as 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 shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

Within legal limits, the entrepreneur may investigate whether the consumer is able to fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution of the agreement.

The entrepreneur shall provide the consumer with the following information together with the product or service, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable data carrier:

• The visiting address of the entrepreneur's establishment where the consumer may submit complaints.

• The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

• Information regarding guarantees and existing after-sales services.

• The information included in Article 4, paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before 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 an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving any reason within a period of 30 days.

This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.

During the cooling-off period, the consumer shall handle the product and its packaging with due care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product.

If the consumer exercises their right of withdrawal, they shall return the product, together with all supplied accessories and, where reasonably possible, in its 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. Notification must be made by means of a written message or email.

After the consumer has indicated their wish to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the goods have been returned on time, for example by means of proof of postage.

If the customer has not notified the entrepreneur of their intention to exercise the right of withdrawal and/or has not returned the product to the entrepreneur within the periods referred to in paragraphs 2 and 3, the purchase shall be deemed 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 paid an amount, the entrepreneur shall 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 back by the entrepreneur or that conclusive proof of complete return shipment can be provided.

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. 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 consumer’s specifications.

• That are clearly personal in nature.

• That, by their nature, cannot be returned.

• That are liable to deteriorate or expire rapidly.

• Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control.

• For individual newspapers and magazines.

• For audio 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 – Pricing

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

By way of exception to the previous paragraph, the entrepreneur may offer products or services with variable prices where those prices are subject to fluctuations in the financial market over which the entrepreneur has no control. This dependency on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.

Price increases within three months of the conclusion of the agreement are only permitted if they result from 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:

• They result from statutory regulations or provisions.

• The consumer is entitled to terminate the agreement with effect from the date on which the price increase takes effect.

All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing or typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply 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 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 use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returns of products must be made in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final 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 has had them repaired and/or modified by third parties.
• The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or packaging instructions.
• The defect is wholly or partly the result of regulations imposed by the government regarding 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 with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In case 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 a product proves impossible, the entrepreneur will make efforts to provide a replacement item. It shall be clearly and understandably stated at the latest upon delivery that a replacement item is being supplied.

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 previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Extension

Termination

The consumer may terminate an agreement concluded for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.

The consumer may terminate an agreement concluded for a fixed term that involves the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of up to one month.

The consumer may in all cases mentioned in the previous paragraphs:

• terminate at any time and is not limited to termination at a specific time or period;
• terminate at least in the same manner as the agreement was entered into;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement concluded for a fixed term that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.

By way of exception, an agreement concluded for a fixed term that involves the regular delivery of newspapers, news, and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement concluded for a fixed term that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of up to one month, and a notice period of up to three months in the case of agreements involving the regular but less than monthly delivery of newspapers, news, and magazines.

A fixed-term agreement for the regular introductory delivery of newspapers, news, and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after 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 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 paragraph 1.

In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

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

Article 14 – Complaints Procedure

Complaints regarding 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 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual consultation, 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, either replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these Terms and Conditions apply are exclusively governed by Dutch law.

Even if the consumer resides abroad.