Terms & Conditions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

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 course of a profession or business and enters into a distance contract with the trader;

Day: calendar day;

Long-term contract: a distance contract relating to a series of products and/or services, the performance and/or delivery obligations of which are spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded between the trader and the consumer as part of an organized system for distance selling 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 contract;

Means of distance communication: any means that can be used for the conclusion of a contract, without the consumer and trader being simultaneously in the same place.

General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 3 - Applicability

These general terms and conditions apply to every offer from the trader and to every distance contract concluded between trader and consumer.

Before the distance contract is concluded, the text of these general 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 general terms and conditions are available for inspection at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

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 it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.

In cases where in addition to these general terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to him.

If one or more provisions in these general terms and conditions are wholly or partially nullified or annulled at any time, the agreement and these conditions shall remain in force for the rest and the relevant provision shall be replaced by a provision that comes as close as possible to the purport of the original.

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

Any ambiguities regarding the interpretation or content of one or more provisions of our 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 shall be expressly stated in the offer.

The offer is without obligation. The trader is entitled 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 trader 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 trader.

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

Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

Every offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price, excluding clearance costs and import VAT. These additional costs will be borne by and at the risk of the customer. With regard to the import, the postal and/or courier service will use the special scheme for postal and courier services. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the clearance costs charged) from the recipient of the goods;

the possible costs of shipping;

the manner in which the contract will be concluded and which actions are necessary for this purpose;

whether or not the right of withdrawal applies;

the method of payment, delivery, and performance of the contract;

the period for acceptance of the offer, or the period within which the trader guarantees the price;

the amount of 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 medium used;

whether the contract will be archived after it has been concluded, and if so, in what way it can be accessed by the consumer;

how the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct it;

any other languages in which, in addition to Dutch, the contract can be concluded;

the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 - The contract

 

 

"The agreement is concluded, subject to the provisions of paragraph 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 shall 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 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 for this purpose.

Within the legal framework, the entrepreneur may verify whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse a request or order or to attach special conditions to its implementation.

The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in a accessible manner on a durable medium:

• the visiting address of the entrepreneur's establishment where the consumer can address complaints;
• the conditions under which and the manner 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 referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the conclusion of the agreement;
• the requirements for termination of 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 shall apply only to the first delivery.

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

Article 6 - Right of withdrawal

In the purchase of 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 the consumer receives the product or a pre-designated representative made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall 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 shall 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 notify the entrepreneur within 14 days, after receiving the product, by means of a written message/email. After the consumer has notified his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example, by means of proof of dispatch.

If the customer has not notified within the periods mentioned in paragraphs 2 and 3 respectively, that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be 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. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided.

"Article 8 - 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 shall only apply if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.

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

• that are produced 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 can quickly spoil or age;
• whose price is dependent on fluctuations in the financial market over which the entrepreneur has no control;
• for loose newspapers and magazines;
• for audio and video recordings and computer software whose seal has been broken by the consumer;
• for hygienic products whose seal has been broken by the consumer.

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

• concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• where the delivery has started with the express consent of the consumer before the cooling-off period has expired;
• concerning 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, unless price changes result from changes in VAT rates.

Special additional clearance costs and/or import duties are not included in the price and are the responsibility of the customer.

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

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from 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:

• they result from statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement on the day the price increase takes effect.

Delivery takes place in accordance with Article 5, paragraph 1, of the Value Added Tax Act 1968 in the country where the transport begins. In the present case, this delivery takes place outside the EU. Consequently, import VAT or clearance costs will be charged to the recipient by the postal or courier service. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with 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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the 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 ultimate 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 himself or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or have been treated on the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.

The address provided by the consumer to the company shall be deemed the place of delivery.

Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed 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 at no cost and is entitled to any compensation for damages.

In case of 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 it turns out to be impossible to deliver a ordered product, the entrepreneur will make an effort to make a replacement item available. It will be clearly and comprehensibly indicated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. 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 pre-designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement concluded for an indefinite period and which extends to 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 can terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time by the end of the specified duration, subject to agreed termination rules and a notice period of up to one month.

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

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

Extension

An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the preceding paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall end automatically upon expiry 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 the reasonableness and fairness oppose termination before the agreed duration ends.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in article 6 paragraph 1 has commenced. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

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

In case of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs notified to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 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 period of 14 days with a message of receipt and an indication of 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 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 its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

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