General terms and conditions
Article 1 – Definitions
In these terms, the following definitions apply:
Reflection period: The period within which the consumer can make use of the 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 trader.
Day: Calendar day.
Continuing performance contract: A distance contract 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 tool that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
Trader: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract in which, within the framework of a system organized by the trader for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same space.
Terms and Conditions: These Terms and Conditions of the trader.
Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a reflection period of 30 days without giving reasons. During the reflection period, the consumer will handle the product and the packaging with care.
If the consumer makes use of the right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions from the trader.
Article 3 – Applicability
These terms and conditions apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these 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 terms and conditions can be inspected at the trader’s premises and that 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 terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can store it easily on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
If, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favorable to them.
If one or more provisions in these terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms will otherwise remain in force, and the relevant provision will be replaced without delay by mutual agreement by a provision that approximates the intent of the original as closely as possible.
Situations not covered by these terms and conditions should be assessed “in the spirit” of these terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms must be interpreted “in the spirit” of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer. The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a true representation of the products offered. The trader cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains 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:
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Any shipping costs.
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The manner in which the contract will be concluded and which actions are required for this.
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Whether or not the right of withdrawal applies.
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The method of payment, delivery, and execution of the contract.
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The period for accepting the offer, or the period within which the trader guarantees the price.
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The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the basic rate for the used means of communication.
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Whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer.
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The way in which the consumer, before concluding the contract, can check the data provided by them within the framework of the contract and, if desired, correct them.
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Any other languages in which, in addition to Dutch, the contract can be concluded.
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The codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct electronically.
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The minimum duration of the distance contract in the event of a continuing performance contract.
Optional: available sizes, colors, types of materials.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the associated conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader 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 trader will observe appropriate security measures.
The trader may—within legal frameworks—ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The trader will 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 an accessible manner on a durable data carrier:
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The visiting address of the trader’s establishment where the consumer can lodge complaints.
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The conditions under which and the manner in which the consumer may make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
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Information on guarantees and existing after-sales service.
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The data included in Article 4 paragraph 3 of these terms, unless the trader has already provided this data to the consumer before execution of the contract.
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The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery. Every contract 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 option to dissolve the contract without giving reasons for 30 days.
This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.
During the reflection period the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product.
If they make use of the right of withdrawal, they will return the product with all supplied accessories 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 the right of withdrawal, they are obliged to notify the trader within 30 days after receipt of the product. The consumer must make this notification by written message or e-mail.
After the consumer has indicated that they wish to use the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.
If, after expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to use the right of withdrawal and/or has not returned the product to the trader, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer makes use of the right of withdrawal, the costs for returning the products are borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition here is that the product has already been received back by the trader or that conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The trader may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
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That have been created by the trader in accordance with the consumer’s specifications.
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That are clearly of a personal nature.
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That by their nature cannot be returned.
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That can spoil or age quickly.
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Whose price is subject to fluctuations in the financial market over which the trader has no influence.
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For single issues of newspapers and magazines.
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For audio and video recordings and computer software of which the consumer has broken the seal.
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For hygienic products of which the consumer has broken the seal.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from 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, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if the trader has stipulated this and:
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They are the result of statutory regulations or provisions; or
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The consumer has the authority to terminate the contract as of the day on which 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 case of printing and typographical errors, the trader is not obliged to deliver the product according to 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 statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery. The products must be returned in the original packaging and in new condition.
The trader’s warranty period 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:
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The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties.
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The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or treated contrary to the instructions of the trader and/or on the packaging.
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The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The trader will exercise the greatest possible care when receiving and executing orders for products.
Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the trader will make an effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the trader, unless expressly agreed otherwise.
Article 12 – Continuing performance contracts: duration, termination, and renewal
Termination
The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular supply of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract that has been concluded for a definite period and that extends to the regular supply of products (including electricity) or services at the end of the fixed term at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may:
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terminate the agreements referred to in the previous paragraphs at any time and is not limited to termination at a specific time or in a specific period;
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at least terminate in the same way as they were entered into by them;
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always terminate with the same notice period as the trader has stipulated for themselves.
Renewal
A contract that has been concluded for a definite period and that extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
In deviation from the previous paragraph, a contract that has been concluded for a definite period and that extends to the regular supply of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract that has been concluded for a definite period and that extends to the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event the contract extends to the regular, but less than once a month, supply of daily, news, and weekly newspapers and magazines.
A contract with limited duration for the regular introductory supply of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has been purchased.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract 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 owed by the consumer must be paid within seven working days after the start of the reflection period as referred to in Article 6 paragraph 1.
In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.
The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints procedure
Complaints about the execution of the contract must be submitted to the trader fully and clearly described within seven days after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice 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 trader’s obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at their option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the trader and the consumer to which these terms and conditions relate are exclusively governed by the law of the Netherlands, even if the consumer resides abroad.