General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following is understood to mean:
Cooling-off period: The period within which the consumer can make use of his 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.
Continuous transaction: A distance contract relating to a series of products and/or services, of which the delivery and/or acceptance obligation 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 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 cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: A contract whereby within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively use is made of one or more techniques for distance communication.
Means of distance communication: Means that can be used for concluding a contract, without the consumer and entrepreneur having come together simultaneously in the same space.
General Terms and Conditions: These 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 cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and 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 its 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 concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 and that they will be sent free of charge upon request of the consumer as soon as possible.
If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available electronically to the consumer 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 taken note of electronically and that they will be sent free of charge upon request of the consumer electronically or otherwise.
In the event that in addition to these general terms and conditions also specific product or service conditions apply, the second and third paragraph shall apply accordingly and the consumer may always rely in case of conflicting general terms and conditions on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, then the agreement and these terms and conditions shall remain in force for the rest and the relevant provision shall be replaced in mutual consultation without delay by a provision that approximates the scope of the original as much as possible.
Situations that are not regulated in these general terms and conditions shall be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms shall 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 made under 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 good assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful 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 with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly correspond to the real colours 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 shipment.
The manner in which the agreement will be concluded and which actions are required for that.
Whether or not the right of withdrawal applies.
The manner 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 amount of the tariff for distance communication if the costs of using the technique for distance communication are calculated on another basis than the regular basic rate for the used means of communication.
Whether the agreement after conclusion is archived and if so, how it can be accessed by the consumer.
The way in which the consumer, before concluding the agreement, can check and if desired correct the data provided by him in the context of the agreement.
The possible other languages in which, in addition to Dutch, the agreement can be concluded.
The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in case of a continuous transaction.
Optional: available sizes, colours, 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 fulfilment of the conditions thereby set.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. 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 organisational 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 – investigate whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall 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:
The visiting address of the establishment of the entrepreneur 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.
Information on guarantees and existing after-sales service.
The data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before 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 case of a continuous transaction, the provision in 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
In the purchase of products the consumer has the possibility to dissolve the agreement without giving any reason within 30 days.
This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.
During the cooling-off period the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine 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 its 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 make this known to the entrepreneur within 30 days after receipt of the product. The notification must be made by means of a written message or email.
After the consumer has made known 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 after expiry of the periods mentioned in paragraph 2 and 3 has not made known 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 within 30 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for certain products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of 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 of a personal nature.
That by their nature cannot be returned.
That can quickly deteriorate or age.
Whose price is bound to fluctuations in the financial market over which the entrepreneur has no influence.
For loose newspapers and magazines.
For media and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.
Article 9 – The price
During the validity period stated 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.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in 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 are stated in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
These result from statutory regulations or provisions.
The consumer has the authority to terminate the agreement as from 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 case of printing and typographical errors the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal 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 use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur under the agreement.
Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return of products must take place in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final 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 treated carelessly or in conflict with the instructions of the entrepreneur and/or the packaging.
The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur shall observe the greatest possible care when receiving and executing orders of products.
Subject to what is stated in Article 4, 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 only partially be executed, the consumer shall receive notification thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In case 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 a product ordered proves impossible, the entrepreneur shall make efforts to provide a replacement item. At the latest upon delivery it shall be clearly and understandably stated that a replacement item is delivered.
For replacement items the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by 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 previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and renewal
Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been concluded for a fixed period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The consumer may the agreements referred to in the previous paragraphs:
terminate at any time and is not limited to termination at a specific time or period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement concluded for a fixed period and extending to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
In deviation from the previous paragraph, an agreement concluded for a fixed period and extending to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period and extending to the regular delivery of products or services may only be tacitly extended for an indefinite duration 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 limited duration for the regular introductory delivery 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.
Duration
If an agreement has a duration of more than one year, the consumer may after one year terminate the agreement at any time 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
Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
In case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, 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 within seven days fully and clearly described, after the consumer has discovered 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 foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication 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 dispute resolution.
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 its discretion either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Even if the consumer resides abroad.