Terms and conditions

Article 1 - Definitions

In these terms and conditions, the following terms are understood as:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise 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, where the delivery and/or take-up obligation is spread over time;
Durable medium: any means that allows the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer 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 where, within the framework of a system organized by the entrepreneur for the sale of products and/or services at a distance, only one or more communication techniques are used until the conclusion of the contract;
Distance communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur meeting at the same location simultaneously;
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 contract within a cooling-off period of 14 days without providing a reason. During the cooling-off period, the consumer must handle the product and its packaging with care. If the consumer exercises their right of withdrawal, they must return the product, including all delivered accessories and, if possible, in its original condition, according to the reasonable instructions of the entrepreneur.

Article 3 - Applicability

These general 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 general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be reviewed at the entrepreneur’s location 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, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the consumer can electronically access the general terms and conditions and that they will be sent free of charge upon the consumer's request, either electronically or otherwise.

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

If one or more provisions in these general terms and conditions are completely or partially void or annulled, the agreement and these terms and conditions remain in effect, and the provision in question will be immediately replaced by an agreement mutually agreed upon that closely resembles the original intent. Situations not covered by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer. The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make an informed judgment about the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot serve as the basis for compensation or contract termination. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match the actual colors of the products exactly. 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 includes, in particular: any shipping costs; the way the agreement will be concluded and which actions are necessary for this; whether the right of withdrawal applies or not; the manner of payment, delivery, and performance of the agreement; the period for acceptance of the offer or the period within which the entrepreneur guarantees the price; the rate for communication if the costs of using the communication technique differ from the regular base rate for the used medium; whether the agreement will be archived after conclusion and how the consumer can consult it; how the consumer can check and correct the data provided before the agreement is concluded; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and the minimum duration of the distance agreement in the case of a continuous transaction. Optionally: available sizes, colors, and types of materials.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the conditions set out. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer may cancel 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 safe online environment. If the consumer can pay electronically, the entrepreneur will implement appropriate security measures. The entrepreneur can, within legal limits, verify whether the consumer can meet their payment obligations and be aware of any facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has valid reasons to refuse the agreement, they are entitled to refuse an order or request, or attach specific conditions to its execution. Along with the product or service, the entrepreneur will provide the consumer the following information in writing or in a way that can be stored by the consumer on a durable medium: a. the visit address of the entrepreneur’s location where the consumer can file complaints; b. the conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded; c. information on guarantees and after-purchase services; d. the data included in Article 4, paragraph 3, unless these were already provided before the agreement was executed; e. the requirements for cancellation of the agreement if the agreement lasts longer than one year or is of indefinite duration. In case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into subject to the condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

In the case of purchasing products, the consumer has the possibility to cancel the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer or a representative, designated by the consumer and known to the entrepreneur, receives the product. During the cooling-off period, the consumer must handle the product and its packaging with care. The product can only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product. If the consumer uses the right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original state and packaging, according to the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise their right of withdrawal, they are required to inform the entrepreneur within 14 days after receiving the product. The notification must be made in writing or by email. After notifying the entrepreneur of the intention to use the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were sent back on time, such as a shipping receipt. If the consumer does not notify the entrepreneur within the time limits stated in paragraphs 2 and 3, or does not return the product to the entrepreneur, 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 are borne by the consumer. 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 been received back by the entrepreneur or proof of complete return shipment is provided.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the agreement is concluded. Exclusion of the right of withdrawal is only possible for products: a. made by the entrepreneur according to the specifications of the consumer; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that may deteriorate or age quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control; f. for single newspapers and magazines; g. for audio and video recordings and computer software, once the consumer has broken the seal; h. for hygiene products once the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, catering, or leisure activities to be performed on a specific date or within a specific period; b. where delivery has started with the explicit consent of the consumer before the cooling-off period has expired.

Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the agreement is concluded. Exclusion of the right of withdrawal is only possible for products:

whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
such as single newspapers and magazines;
for audio and video recordings and computer software once the consumer has broken the seal;
for hygiene products once the consumer has broken the seal.

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

related to accommodation, transport, catering, or leisure activities to be performed on a specific date or within a specific period;
where delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
related to betting and lotteries

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the previous section, the entrepreneur may offer products or services with variable prices, which are linked to fluctuations in the financial market over which the entrepreneur has no control. The linkage to fluctuations and the fact that any stated prices are indicative prices will be clearly indicated in the offer. Price increases within 3 months after the agreement has been concluded are only allowed if they result from legal regulations or provisions. Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement starting from the day the price increase takes effect. All prices are subject to printing and typographical errors. The entrepreneur does not accept responsibility for the consequences of printing and typographical errors. In case of such errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

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 soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement was concluded. If agreed upon, 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 the consumer can assert under the agreement against the entrepreneur. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The returned products must be in their 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 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 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 otherwise mishandled or treated in violation of the entrepreneur’s instructions and/or the packaging instructions;
The defect is entirely or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products. Taking into account 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. If the delivery is delayed, or if an order cannot be fully or partially executed, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation. In case of cancellation in accordance with the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation. If the delivery of an ordered product is impossible, the entrepreneur will make efforts to make a substitute item available. At the latest upon delivery, it will be clearly and understandably communicated that a substitute item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipping will 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 representative designated by the consumer and known to the entrepreneur, unless otherwise explicitly agreed.

Article 12 – Duration Transactions: Termination and Extension

Termination: The consumer can terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and a notice period of no more than one month. The consumer can also terminate an agreement entered into for a definite period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the agreed duration, subject to the agreed-upon termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the previous sections at any time and is not limited to termination at a specific time or within a certain period; at least, termination can occur in the same manner as the agreement was entered into; and always with the same notice period that the entrepreneur has agreed to for themselves.

Extension: An agreement entered into for a definite period, which involves the regular delivery of products (including electricity) or services, may not be silently extended or renewed for a definite period. However, an agreement for a definite period, which involves the regular delivery of daily, news, and weekly newspapers and magazines, may be silently extended for a definite period of up to three months, provided 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, which involves the regular delivery of products or services, may only be silently extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement involves the regular delivery of daily, news, and weekly newspapers and magazines, but less than once per month. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be silently continued and will automatically end after the trial or introductory period is completed.

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 termination before the agreed duration's end would be contrary to the principles of reasonableness and fairness.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period mentioned in Article 6, Section 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 is obligated to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment information. In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs that were previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly describing the issue, after the consumer has noticed the defects. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably 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 by mutual agreement, a dispute arises, which is subject to the dispute resolution process. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.