Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person not acting in the course of a profession or business and who 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, where the obligation to supply and/or purchase is spread over time;
  • Durable medium: 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 consumer's option to cancel 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 between the entrepreneur and the consumer within the framework of an organized system for distance sales of products and/or services, where up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
  • Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same place at the same time;
  • Terms and Conditions: the present General Terms and Conditions of 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 entrepreneur and 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, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding 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 the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced by mutual consultation without delay by a provision that approximates the intent of the original as much as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should 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 made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors 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 accepting the offer. This concerns in particular:

  • The price excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal and/or courier service uses the special arrangement for postal and courier services upon import. This arrangement applies when goods are imported into the final destination EU member state, which is the case here. The postal or courier service will charge the VAT (and any customs clearance costs) to the recipient;
  • Any shipping costs;
  • The method by which the agreement is concluded and what actions are required for this;
  • Whether the right of withdrawal applies;
  • The method of payment, delivery and execution of the agreement;
  • The period for accepting the offer, or the period within 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 basic rate of the communication medium used;
  • Whether the agreement is archived after conclusion, and if so, how it can be consulted by the consumer;
  • The method by which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, correct it;
  • The possible other languages in which, besides Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct 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 is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • The visiting address of the entrepreneur's establishment where the consumer can submit 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 warranties and existing after-sales service;
  • The data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data 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 a duration transaction, the provision in the previous paragraph only applies to the first delivery.

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

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer.

During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all supplied 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.

When the consumer wishes to make use of their right of withdrawal, they are obliged to inform the entrepreneur of this within 14 days after receipt of the product via a written message or by email. After declaring their withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

If the customer has not declared to make use of their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, respectively has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer makes use of their right of withdrawal, the costs of return shipping will be at their expense at most.

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, provided the product has already been received back in good condition or conclusive proof of complete return shipment can be provided.

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 only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • That have been manufactured by the entrepreneur according to the consumer's specifications;
  • That are clearly personal in nature;
  • That by their nature cannot be returned;
  • That can spoil or age 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 where the consumer has broken the seal;
  • For hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is also possible for services:

  • Relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
  • Whose delivery has started with the consumer's explicit consent before the cooling-off period has expired;
  • Relating to bets and lotteries.

Article 9 – The Price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • they result from legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement as of the date on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

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 soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

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

Article 11 – Delivery and Execution

The entrepreneur will observe the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the entrepreneur.

Taking into account what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially executed, the consumer will be notified of this no later than 30 days after they 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 according to the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

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 and made known representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: duration, termination and extension

Termination

The consumer can terminate an agreement entered into for an indefinite period at any time, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period at any time at the end of the definite term, observing the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or in a specific period;
  • at least terminate in the same way as they were entered into by them;
  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

An agreement entered into for a definite period and which aims at the regular delivery of products or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement for a definite period which aims at the regular delivery of daily, news and weekly newspapers or magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers or magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Article 13 – Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid immediately when placing the order.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not fulfill their payment obligation(s) in time, after the consumer has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, after failure to pay within this 14-day period, the consumer owes the legal interest on the amount still owed. The entrepreneur is also entitled to charge the extrajudicial collection costs incurred by him.

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 fully and clearly described within a reasonable time after the consumer has detected 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 foreseeably longer processing time, the entrepreneur will respond within the period of 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 consultation, a dispute arises that is susceptible to the dispute resolution procedure.

For complaints, the consumer should first contact the entrepreneur. If the webshop is affiliated with a quality mark and for complaints that cannot be resolved by mutual consultation, the consumer can turn to the disputes committee of that quality mark.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer is resident abroad.

Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements regarding products and services to be supplied or supplied by this entrepreneur can — subject to the below — be submitted by both the consumer and the entrepreneur to the competent court in the Netherlands.