General terms and conditions
Article 1 – Definitions
In these terms the following definitions apply:
Cooling-off period: The period within which the consumer can make use of his 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 entrepreneur.
Day: Calendar day.
Continuous transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, until 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 for concluding a contract, without consumer and entrepreneur having come together in the same space simultaneously.
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 contract within a cooling-off period of 30 days without stating reasons. During the cooling-off period the consumer shall handle the product and the packaging with care.
If the consumer makes use of his right of withdrawal, he shall return the product with all supplied accessories and, if possible, in the original condition, in accordance with reasonable instructions of the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur 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 can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at his 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 data carrier. 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 free of charge to the consumer electronically or otherwise at his request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall otherwise remain in force and the relevant provision shall be replaced by mutual agreement without delay by a provision that approaches the intent of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must 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 must 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 explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change 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 a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual 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:
• The possible costs of shipping.
• The way in which the agreement will be concluded and which actions are required for this.
• Whether or not the right of withdrawal applies.
• The method of payment, delivery and execution of the agreement.
• The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
• The level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
• Whether the agreement will be archived after its conclusion, and if so, in what way it can be consulted by the consumer.
• The way in which the consumer can check the data provided by him in the context of the agreement before concluding the agreement and, if desired, restore it.
• Any other languages in which, in addition to Dutch, the agreement can be concluded.
• The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically.
• The minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, type of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set thereby.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly 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 shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
• The visiting address of the entrepreneur’s establishment where the consumer can go with complaints.
• The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
• The information about guarantees and existing service after purchase.
• The data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution 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 continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into 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 agreement without stating reasons for a period of 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and the 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 makes use of his right of withdrawal, he shall return the product with all delivered accessories 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.
When the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 30 days after receipt of the product. The consumer must notify this by means of a written message or e-mail.
After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
If the customer has not indicated after the expiry of the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs for returning the products are for the account of the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return shipment can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
• That have been created by the entrepreneur in accordance with specifications of the consumer.
• That are clearly personal in nature.
• That by their nature cannot be returned.
• That can spoil or age quickly.
• Whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence.
• For individual newspapers and magazines.
• For media and video recordings and computer software for which the consumer has broken the seal.
• For hygienic products for which the consumer has broken the seal.
Article 9 – The price
During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This dependency on fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
• These are the result of statutory regulations or provisions.
• The consumer has the authority to terminate the agreement 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 event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at 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, 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 agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return shipment of the products must take place in the 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 edited the delivered products himself or has had them repaired and/or edited by third parties.
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are treated contrary to the instructions of the entrepreneur and/or on the packaging.
• The defectiveness is wholly or partially 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 entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
With due observance of what is stated about this in Article 4 of these general terms and conditions, the company shall 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 or can only partially be executed, the consumer will receive notification 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 free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.
With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuous transactions: duration, termination and extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to 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 that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
• at any time and is not limited to termination at a specific time or during a specific period;
• at least in the same manner as they were entered into by him;
• always with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
In deviation from the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery 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 agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and that extends to the regular delivery 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 if the agreement extends to the regular, but less than once per 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 by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically after the purchase 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt.
If a complaint requires a foreseeably 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 response.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is eligible for 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 her discretion, replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
This also applies if the consumer resides abroad.