Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

- Reflection Period: the period within which the consumer can make use of their right of withdrawal;
- Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Long-Term Transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
- Durable Data Carrier: any means that enables the consumer or entrepreneur to store information directed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information;
- Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance Contract: a contract concluded in the context of an organized system for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
- Means of Distance Communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time;
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a 30-day reflection period without stating any reason. During the reflection period, the consumer shall handle the product and packaging with care. If the consumer exercises their right of withdrawal, they shall return the product, including all accessories supplied and, if reasonably possible, in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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 will be indicated, before the distance contract is concluded, where the general terms and conditions can be inspected and that they will be sent free of charge at the consumer's request.

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

If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer may always rely on the applicable provision most favorable to them.

If one or more provisions of 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 immediately in mutual consultation by a provision that as closely as possible reflects the original intent.

Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions must be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer is subject to a limited duration or is made subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt 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 entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown 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, particularly:

- any shipping costs;
- the manner 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 accepting 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 means of distance communication are calculated on a different basis 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 consulted by the consumer;
- the way in which the consumer can check and, if desired, correct the information provided under the contract;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes of conduct electronically;
- the minimum duration of the distance contract in the case of a long-term transaction;
- optionally: available sizes, colors, types of materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the time of the consumer’s acceptance of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur 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 entrepreneur shall observe appropriate security measures.

The entrepreneur may, within the law, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or application or to attach special conditions to the execution.

With the product or service, the entrepreneur shall send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the address of the entrepreneur’s establishment where the consumer can lodge complaints;
- the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about existing after-sales services and guarantees;
- the data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the previous paragraph applies only 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 withdraw from the contract without providing any reason for a period of 30 days. 
This reflection period begins the day after the consumer, or a third party designated by the consumer and known to the entrepreneur (not the carrier), has received the product. 
During the reflection period, the consumer shall handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it. 
If the consumer exercises the right of withdrawal, they shall return the product along with all delivered accessories and – if reasonably possible – in the original condition and packaging, according to the clear and reasonable instructions provided by the entrepreneur. 
The consumer must notify the entrepreneur within 30 days after receiving the product if they wish to exercise their right of withdrawal. Notification must be given in writing or by email. 
Once the consumer has made it known that they wish to withdraw from the contract, the consumer must return the product within 30 days. The consumer must be able to prove that the products were returned on time, for example by providing proof of shipment. 
If the consumer does not notify within the periods mentioned in paragraph 2 and 3, and/or does not return the product, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs 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 30 days after withdrawal, provided the returned product has been received by the entrepreneur or conclusive proof of complete return has been provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products, as described in paragraphs 2 and 3, provided that this was clearly stated in the offer, or at least prior to concluding the contract. 
Exclusion of the right of withdrawal is only possible for products:
- Made according to consumer specifications;
- Clearly of a personal nature;
- That, by their nature, cannot be returned;
- That deteriorate or expire rapidly;
- Whose price depends on fluctuations in the financial market beyond the entrepreneur's control;
- Individual newspapers and magazines;
- Audio/video recordings and software with broken seals;
- Hygiene products with broken seals.

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 due to changes in VAT rates. 
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and beyond the entrepreneur's control. This price variability and indicative prices will be stated in the offer. 
Price increases within three months after the conclusion of the contract are only allowed if resulting from legal regulations. 
Price increases from three months after the conclusion of the contract are only allowed if:
- They result from legal regulations;
- The consumer has the right to cancel the contract as of the date the price increase takes effect. 
All prices are subject to printing and typing errors. No liability will be accepted for such errors. In the event of printing or typographical errors, the entrepreneur is not obligated 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, specifications listed in the offer, reasonable requirements of soundness and usability, and applicable statutory provisions at the time of conclusion of the agreement. 
If agreed, the entrepreneur also guarantees the product is suitable for purposes other than normal use. 
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights of the consumer under the contract. 
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returns must be in the original packaging and in new condition. 
The warranty period corresponds to the manufacturer’s warranty. The entrepreneur is never responsible for the product’s ultimate suitability for each individual use by the consumer or for advice regarding use or application. 
The warranty does not apply if:
- The consumer has repaired or modified the products themselves or had them repaired/modified by third parties;
- The products have been exposed to abnormal conditions or treated carelessly or contrary to instructions;
- Defects are caused wholly or partially by government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and fulfilling product orders. 
Taking into account what is stated in Article 4, accepted orders will be carried out promptly and within 30 days, unless a longer delivery time was agreed with the consumer. 
If delivery is delayed or an order cannot be fulfilled, the consumer will be notified within 30 days of placing the order. The consumer may dissolve the contract free of charge and is entitled to compensation. 
In case of dissolution, the entrepreneur will refund the consumer as soon as possible, and at the latest within 30 days. 
If delivery proves impossible, the entrepreneur will make efforts to provide a replacement product. This will be clearly communicated at the time of delivery. 
The right of withdrawal cannot be excluded for replacement items. Return shipping costs for such items are borne by the entrepreneur. 
The risk of damage or loss of products lies with the entrepreneur until delivery to the consumer or a pre-designated representative, unless explicitly agreed otherwise.

Article 12 – Duration Contracts: Termination and Renewal

Termination  
The consumer may cancel an indefinite contract for regular delivery of products or services at any time with a notice period of no more than one month. 
The consumer may cancel a fixed-term contract for regular delivery of products or services at the end of the agreed duration, observing a notice period of no more than one month. 
The consumer may:
- Cancel at any time, not limited to a specific date or period;
- Cancel in the same way as the contract was concluded;
- Always cancel with the same notice period the entrepreneur has stipulated for themselves.

Renewal 
A fixed-term contract may not be automatically renewed or extended for a fixed duration. 
By way of exception, fixed-term contracts for regular delivery of daily or weekly publications may be renewed for up to three months, provided the consumer can cancel at the end of this period with one month’s notice. 
A fixed-term contract for regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month (or three months for publications delivered less than once per month). 
Trial subscriptions are not automatically extended and end after the trial period.

Duration 
If a contract lasts more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless fairness prevents early termination.

Article 13 – Payment

Unless otherwise agreed, amounts due by the consumer must be paid within seven working days of the start of the reflection period. 
For service contracts, this period starts upon receipt of the contract confirmation. 
The consumer is obliged to report inaccuracies in provided or stated payment information to the entrepreneur without delay. 
In case of non-payment, the entrepreneur may charge reasonable costs previously made known to the consumer, within legal limits.

Article 14 – Complaints Procedure

Complaints about contract performance must be submitted to the entrepreneur in detail within seven days after the consumer identifies the defect. 
Complaints will be answered within 30 days from the date of receipt. 
If more time is needed, the entrepreneur will respond within 30 days with an acknowledgment and an expected timeframe. 
If a complaint cannot be resolved by mutual agreement, a dispute arises that qualifies for dispute resolution. 
A complaint does not suspend the entrepreneur’s obligations unless otherwise agreed in writing. 
If a complaint is upheld, the entrepreneur may choose to replace or repair the product at no cost.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.