General Terms and Conditions

General Terms and Conditions

Article 1 - Definitions In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession and who enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way accessible for future reference for a period that is appropriate for the purposes of the information, and which allows the unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to opt out of 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 within the framework of an organized distance sales or service provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Means of distance communication: means that can be used for concluding a contract, without the consumer and trader being simultaneously present in the same room.
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 - Right of Withdrawal The consumer has the right to withdraw from the contract within a cooling-off period of 14 days without giving any reason. During the cooling-off period, the consumer shall handle the product and its packaging with care. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Article 3 – Applicability These general terms and conditions apply to every offer made by the trader and every distance contract that has been realized and orders placed between the trader and the consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is reasonably not possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the trader's premises and they will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is reasonably not possible, it will be indicated where the general terms and conditions can be viewed electronically before concluding the distance contract and that at the request of the consumer, they will be sent electronically or otherwise free of charge. If specific product or service conditions are also applicable, the second and third paragraphs shall apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, the contract and these terms and conditions will otherwise remain in effect, and the provision in question will be replaced by mutual agreement without delay by a provision that approximates the intent of the original as closely as possible. Situations that are not regulated in 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 should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The trader is entitled to change and amend the offer. The offer contains a full and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the trader. All images, specifications data in the offer are indicative and cannot be a ground for compensation or dissolution of the contract. Images accompanying products are a true representation of the offered products. The trader cannot guarantee that the colors shown exactly match the real colors of the products. Each offer contains such information that it is clear for the consumer what the rights and obligations are, which are attached to accepting the offer. This particularly includes:

the possible costs of shipping;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery, and execution of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate for the communication medium used;
whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check and, if desired, restore the information provided under the contract;
any other languages in which, besides Dutch, the contract can be concluded;
the codes of conduct to which the trader has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an extended transaction.

Article 5 – The Agreement The agreement is, subject to the provisions of paragraph 4, concluded at the moment the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the trader shall immediately confirm the acceptance of the offer electronically. As long as the acceptance has not been confirmed by the trader, the consumer can dissolve the contract. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic data transfer and he will ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate safety measures. The trader may within legal frameworks, gather information about the consumer's ability to fulfill his payment obligations, as well as all facts and factors necessary to a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution. When delivering the product, the trader will send the following information, written or in such manner that the consumer can store it in an accessible way on a durable medium: a. the visiting address of the trader's business establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; c. information about guarantees and existing service after purchase; d. the information included in Article 4 paragraph 3 of these conditions unless the trader has already provided this information to the consumer before the execution of the contract; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is concluded under the suspensive conditions of sufficient availability of the concerned products.

Article 6 – Right of Withdrawal At the purchase of products, the consumer has the possibility to dissolve the contract without giving any reasons for 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a pre-designated representative known to the trader. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader. If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the trader within 14 days after receiving the product. The consumer must make this notification by means of a written message/e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the products have been returned on time, for instance through a proof of shipping. If the consumer has not notified that he wishes to make use of his right of withdrawal or has not returned the product to the trader after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal If the consumer makes use of his right of withdrawal, the cost of returning the products are at the consumer's expense. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This refund is conditioned on the product having been returned by the retailer or proof of complete return being provided.

Article 8 – Exclusion of Right of Withdrawal The trader can exclude the consumer's right of withdrawal for products as outlined in paragraphs 2 and 3. The exclusion of the right of withdrawal is only possible if the trader clearly states this in the offer, at least in time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the trader in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose prices are dependent on fluctuations in the financial market over which the trader has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. h. for hygienic products of which 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 carried out on a certain date or during a certain period; b. whose delivery has begun with the consumer's express consent before the end of the cooling-off period; c. concerning betting and lotteries.

Article 9 – The Price During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. The fact that prices are subject to fluctuations and that the stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day on which the price increase starts. All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the case of print and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was made. If agreed upon, the trader also ensures that the product is suitable for other than normal use. A guarantee provided by the trader, a manufacturer or an importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract. Defects or wrongly delivered products must be reported in writing to the trader within 14 days after delivery. The products must be returned in the original packaging and in new condition. The warranty period provided by the trader corresponds to the manufacturer’s warranty period. However, the trader 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 processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been handled contrary to the instructions of the trader and/or on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or the quality of the materials used.

Article 11 – Delivery and Execution The trader will observe the greatest possible care when receiving and in executing product orders, as well as in assessing applications for the provision of services. With due observance of what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders expediently but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract at no cost and is entitled to possible compensation. In the case of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible but no later than 14 days following dissolution. If delivery of an ordered product proves impossible, the trader will strive to make a replacement article available. At the latest at the time of delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. Replacement articles’ right of withdrawal cannot be excluded. The costs of a possible return shipment are at the trader's expense. The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer or a pre-designated and to the trader announced representative, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension Cancellation The consumer can terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of agreed cancellation rules and a notice period of at most one month. The consumer can terminate a fixed-term agreement which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the same cancellation rules and a notice period of at most one month. The consumer can:

cancel at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they are entered into by him;
always cancel with the same notice period as the trader has stipulated for itself. Extension An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration. In deviation from the preceding paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be silently extended for a fixed period of a maximum of three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most one month. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be silently extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months if 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 newspapers, news and weekly newspapers and magazines (trial or introductory subscription) will not be automatically continued and ends automatically after the trial or introductory period. Duration If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of at most one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment Unless otherwise agreed, the amounts due by the consumer should be paid within 7 working days following the beginning of the cooling-off period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, that period starts after the consumer has received the confirmation of the agreement. The consumer has the duty to inform the trader promptly of any inaccuracies in payment data provided or stated. In case of default by the consumer, the trader has, subject to legal restrictions, the right to charge reasonable costs already made known to the consumer beforehand.

Article 14 – Complaints Procedure Complaints about the execution of the agreement must be described fully and clearly within 7 days after the consumer has discovered the defects, submitted to the trader. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint is foreseeable to require a longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the submission of the complaint, a dispute that is subject to the dispute settlement.

Article 15 – Disputes On agreements between the trader and the consumer to which these general terms and conditions relate, only Dutch law applies. This also applies if the consumer resides abroad.