General Terms and Conditions
Article 1 - Definitions
In these terms, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: a 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;
Duration transaction: a distance contract regarding a series of products and/or services, whose delivery and/or acceptance obligations are spread over time;
Durable data carrier: any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract in which, as part of a system organized by the entrepreneur for the remote sale of products and/or services, the agreement is concluded exclusively by one or more distance communication techniques;
Distance communication technique: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same location;
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 cooling-off period of 14 days without giving any reason.
During the cooling-off period, the consumer will handle the product and packaging carefully.
If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if possible, in the original condition, following reasonable instructions from the entrepreneur.
Article 3 - Applicability
These general terms and conditions apply to any offer made by the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer. Before the distance 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 distance agreement is concluded that the general terms and conditions can be viewed with the entrepreneur and that they will be sent to the consumer free of charge upon request as soon as possible.
If the distance agreement is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, be provided to the consumer electronically in such a way that it can easily be stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance 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, either electronically or in another manner, upon request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are or become invalid or void, the agreement and the remaining provisions will remain in force, and the invalid provision will be replaced by a provision that most closely approximates the intent of the original provision.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these terms. Any uncertainties regarding the interpretation or content of one or more provisions of our terms should 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 contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a good assessment of 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 grounds for compensation or contract cancellation.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information so that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:
- Any shipping costs;
- The way the agreement will be concluded and what actions are necessary 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 communication rate if the cost of using distance communication techniques is based on something other than the standard base rate for the used communication method;
- Whether the agreement will be archived after it is concluded, and if so, how it can be consulted by the consumer;
- The way the consumer can check and, if necessary, correct the data they provided before concluding the agreement;
- Any other languages in which the agreement can be concluded, in addition to Dutch;
- The codes of conduct the entrepreneur is subject to and how the consumer can consult these codes electronically;
- The minimum duration of the distance agreement in the case of a duration transaction.
Optionally: available sizes, colors, types of materials.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the right to cancel the agreement without providing any reason within 14 days.
This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and packaging carefully. The product should only be unpacked or used as necessary to assess whether the consumer wishes to keep the product.
If the consumer exercises the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notice should be made in writing or via email.
Once the consumer has informed the entrepreneur of their intention to withdraw, they must return the product within 14 days. The consumer must prove that the items were returned in time, for example, by providing proof of shipping.
If the customer does not notify the entrepreneur of their intention to withdraw or does not return the product within the specified time frames, the purchase will be considered final.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products will 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 the withdrawal, on the condition that the product has already been returned 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 is only valid if the entrepreneur clearly stated this in the offer, or at least before the agreement is concluded.
Exclusion of the right of withdrawal is possible only for products:
a. Created by the entrepreneur in accordance with the consumer's specifications;
b. That are clearly personal in nature;
c. That, by their nature, cannot be returned;
d. That may spoil or age quickly;
e. Whose price is linked to fluctuations in the financial market over which the entrepreneur has no control;
f. For loose newspapers and magazines;
g. For audio and video recordings and computer software that the consumer has broken the seal of;
h. For hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is possible for services:
a. Regarding accommodations, transport, restaurant services, or leisure activities performed on a specific date or during a specific period;
b. Where delivery began with the explicit consent of the consumer before the cooling-off period expired;
c. 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, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to 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 allowed if they are due to legal regulations or provisions.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. The price increase is a result of legal regulations or provisions; or
b. The consumer has the authority to terminate the agreement on the day the price increase takes effect.
All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of printing or typographical errors. In case 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 ensures that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert under the agreement with the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The return of the products must be made in the original packaging and in new condition. The entrepreneur's warranty period matches the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate 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 has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
- The defect is wholly or partially the result of regulations set by the government or regulations that will be imposed regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in accepting and executing orders for products. Subject to the provisions in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery time.
If delivery is delayed, or if an order cannot be or can only be partially executed, the consumer will be informed of this within 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without charge and is entitled to any compensation.
In case of dissolution under the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement product. No later than at the time of delivery, it will be clearly and understandably stated that a replacement product is being delivered.
The right of withdrawal cannot be excluded for replacement products. The cost of any return shipment will be borne by the entrepreneur.
The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated and known to the entrepreneur, unless otherwise agreed.
Article 12 – Duration Transactions: Termination and Extension
Termination:
The consumer may terminate an agreement that has been entered into for an indefinite period and relates to the regular delivery of products (including electricity) or services at any time, observing the agreed-upon termination rules and a notice period of at most one month.
The consumer may also terminate an agreement that has been entered into for a fixed period and relates to the regular delivery of products (including electricity) or services at any time, at the end of the fixed period, observing the agreed-upon termination rules and a notice period of at most one month.
The consumer may terminate the agreements referred to in the previous paragraphs at any time, without being limited to termination at a specific time or during a specific period;
- At least in the same manner as the agreement was entered into;
- Always terminate with the same notice period that the entrepreneur has agreed to for themselves.
Extension:
An agreement entered into for a fixed period and relating to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
However, in deviation from the previous paragraph, an agreement that has been entered into for a fixed period and relates to the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a fixed period and relates to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month, and with a notice period of at most three months in case the agreement relates to the regular delivery, but less than once a month, 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) will not be automatically extended 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 at most one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins once the consumer has received the 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 case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs that have been previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted in full and clearly within 7 days after the consumer has identified 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 agreement, it will become a dispute subject to the dispute resolution procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur explicitly indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
The laws of the United Kingdom apply exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.