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Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection 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 who enters into a remote agreement with the entrepreneur;
Day: Calendar day;
Ongoing transaction: A remote agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: Any means that enables 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 consumer's option to withdraw from the remote agreement within the reflection period;
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers;
Remote agreement: An agreement concluded within the framework of an organized system by the entrepreneur for selling products and/or services remotely, whereby, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used;
Technique for remote communication: A means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same space;
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 14 days without giving any reason.

During the reflection period, the consumer must handle the product and its packaging with care.

If the consumer exercises the right of withdrawal, they must return the product, including all accessories, and, if possible, in its original condition, following the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement and order concluded between the entrepreneur and the consumer.

Before the remote agreement 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 remote agreement is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge upon request.

If the remote agreement is concluded electronically, then, in deviation from the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the remote agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and the remaining terms and conditions shall remain in force, and the relevant provision will be replaced by mutual agreement with a provision that most closely aligns with the original intent.

Situations not covered by these general terms and conditions should be assessed "in the spirit" of these general terms and conditions. Any uncertainties regarding the interpretation or content of one or more provisions of these terms should also be interpreted "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 and adjust the offer.

The offer includes 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, these will be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and cannot give rise to any claims for compensation or the dissolution of the agreement. Product images are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that clearly outlines the rights and obligations associated with accepting the offer, including:

Any shipping costs;
The method of concluding the agreement and the necessary steps for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The acceptance period of the offer or the period during which the entrepreneur guarantees the price;
The applicable tariff for remote communication, if costs are calculated differently than the regular basic rate for the means of communication used;
Whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
How the consumer can check and, if necessary, correct the information provided before finalizing the agreement;
Any other languages besides Dutch in which the agreement can be concluded;
The codes of conduct to which the entrepreneur adheres and how the consumer can consult these codes electronically;
The minimum duration of the remote agreement in the case of an ongoing transaction.

Optional: available sizes, colors, and 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 forth therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance via electronic means. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may 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 ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur will implement appropriate security measures.

Within the limits of the law, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the remote agreement. If the entrepreneur has good reason not to enter into the agreement based on this investigation, they are entitled to refuse an order or application with justification or attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, in writing or in a way that allows the consumer to store it on a durable medium, along with the product or service:
a. The business address of the entrepreneur's establishment where the consumer can lodge complaints;
b. The conditions and methods by which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
c. Information on guarantees and after-sales service;
d. The data 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;
e. The requirements for terminating the agreement if it has a duration of more than one year or an indefinite period.

For an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.

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

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement within 14 days without stating a reason. This reflection period starts the day after the consumer or a representative designated by the consumer and made known to the entrepreneur receives the product.

During the reflection period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification must be made in writing or via email. After informing the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product has been returned on time, for example, by providing proof of shipment.

If the consumer does not notify the entrepreneur of their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the product are at their own expense.

If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal. However, this refund will only be processed if the entrepreneur has received the returned product or if conclusive proof of complete return shipment has been 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 applies only if the entrepreneur has clearly stated this in the offer or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:
a. that have been manufactured by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that, by their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software for which the consumer has broken the seal;
h. for hygiene products for which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has begun with the consumer’s explicit consent before the withdrawal period has expired;
c. related to betting and lotteries.

Article 9 – The Price

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

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

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

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the date the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical 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 existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims 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 14 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period 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 have otherwise been handled carelessly or in violation of the entrepreneur’s instructions and/or the packaging instructions;
The defectiveness is wholly or partially due to 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 will exercise the utmost care when receiving and executing orders for products.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur 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 fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost and is entitled to any applicable compensation.

In the event of termination 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 termination.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded.

The costs of any return shipment are 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 known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-term Transactions: Termination and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

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

At any time, without being limited to termination at a specific time or within a certain period.
At least in the same manner as the agreements were entered into.
Always with the same notice period that the entrepreneur has stipulated for itself.

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

By way of derogation from the previous paragraph, an agreement entered into for a fixed period that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term 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 fixed period that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months if the agreement involves the regular but less frequent than monthly delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular trial delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and will automatically end 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within 7 working days after the commencement of the withdrawal period as referred to in Article 6, paragraph 1.

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

The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.

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

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably 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 response.

If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states 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

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.