General Terms and Conditions
Article 1 - Definitions
In these General Terms and Conditions, the following definitions apply: Consideration period: the period
period within which the consumer can exercise their right of withdrawal; Consumer: the natural
natural person who is not acting in the course of a profession or business and
enters into a distance contract with the entrepreneur; Day: calendar day; Extended business: 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
any means that enables the consumer or entrepreneur to store information personally addressed to them on a data carrier.
to store information personally addressed to them on a data carrier in such a way that future retrieval and unaltered
unaltered reproduction of the stored information is possible. Right of withdrawal: the
option 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 remotely
offers products and/or services to consumers; Distance contract: an agreement where, within the framework of a
system organized by the entrepreneur for the remote sale of goods
and/or services, up to and including the conclusion of the contract, exclusively one or more remote communication techniques
one or more remote communication techniques are used; Remote communication technique
remote communication technique: means that can be used to conclude a contract without the
consumer and entrepreneur meeting in the same room simultaneously. General
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 without stating reasons within a cooling-off period of 14 days.
without stating reasons
withdraw from the contract within 14 days without stating reasons.
During the cooling-off period, the consumer will treat the product and its
packaging with care.
If the consumer exercises their right of withdrawal, they must return the product with
all delivered
accessories and, if possible, in its original condition, in accordance with the reasonable
instructions of the
entrepreneur.
Article 3 - Applicability
These general terms and conditions apply to every offer
offer from the entrepreneur and to every distance contract and order placed
between entrepreneur and consumer. Before the distance contract is concluded, the
the text of these general terms and conditions will be made available to the consumer. If this is
not reasonably possible, before the distance contract is concluded, it will
be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
Upon the consumer's request, they will be sent to them free of charge as soon as possible. If the
distance contract is concluded electronically, then, notwithstanding the previous paragraph and
Before the distance contract is concluded, the text of these general
the text of these General Terms and Conditions will be made available to the consumer electronically in a
such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, then
before the distance contract is concluded, it will be indicated where the general
general terms and conditions can be consulted electronically and that they will be sent to the consumer upon request.
Upon the consumer's request, they will be sent electronically or otherwise free of charge.
sent. In the event that, in addition to these general terms and conditions, specific
product or service conditions also apply, paragraphs 2 and 3 apply mutatis mutandis, and in the event of conflicting General Terms and Conditions,
apply mutatis mutandis and in the event of conflicting General Terms and Conditions
General Terms and Conditions, always rely on the most favorable applicable provision.
Should one or more provisions of these general terms and conditions at any time be wholly or partially
wholly or partially invalid or void, the contract and these terms will remain
will remain in force for the remainder, and the provision concerned will be replaced without delay by mutual agreement
by a provision that approximates the purpose of the original provision as closely as possible.
as closely as possible. Situations not provided for in these General Terms and Conditions are to be
judged 'in the spirit' of these General Terms and Conditions. Ambiguities about
about the interpretation or content of one or more provisions of our General Terms and Conditions
to 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 made under
conditions, this will be explicitly stated in the offer. The offer is
non-binding. The entrepreneur is entitled to change and adjust the offer. The
offer contains a complete and accurate description of the products and/or services offered.
services. The description is sufficiently detailed to allow a proper assessment of the
offer by the consumer. If the entrepreneur uses
images, these are a truthful representation of the products and/or services offered.
services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
not binding. All images, specifications, and data in the offer are indicative and cannot
and cannot be a reason for compensation or dissolution of the contract. The images of the
products are a true representation of the products offered. Entrepreneur
cannot guarantee that the displayed colors exactly match the real colors of the products.
of the products. Each offer contains such information that it is clear to the consumer
what the rights and obligations are that are attached to accepting the offer.
This concerns in particular: any shipping costs; the way in which the
way the contract will be concluded and what actions are required for this; whether
whether the right of withdrawal is applicable or not; the method of payment, delivery, and performance
of the contract; the period for accepting the offer or the period
within which the entrepreneur guarantees the price; the level of the communication costs
distance if the costs for using the technology for remote communication
are calculated on a different basis than the regular basic rate for the communication method
communication method; 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,
before concluding the contract, can check the information provided by him in the context of the contract
can check and, if desired, correct the data provided by him; any other languages
in which the contract can be concluded in addition to Dutch; the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these
the way in which the consumer can consult these codes of conduct electronically, and the minimum duration of the contract
distance contract in the case of a continuing performance contract. Optional: available sizes,
colors, type of materials.
Article 5 - The Agreement
Subject to the provisions of
paragraph 4, the contract is concluded at the moment the consumer accepts the offer and the
fulfillment of the conditions stipulated therein. If the consumer has accepted the offer
has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the
receipt of the acceptance of the offer. As long as the receipt of this acceptance
acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
dissolve the contract. If the contract is concluded electronically, the entrepreneur will take appropriate
appropriate technical and organizational measures to secure the electronic transfer of data
of data and ensure a secure internet environment. If the consumer can pay electronically
pay, the entrepreneur will observe appropriate security measures. The
entrepreneur can – within legal frameworks – inform themselves whether the consumer
The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract.
for a responsible conclusion of the distance contract. If the entrepreneur
on the basis of this investigation has good reasons not to enter into the contract, he is
entitled to refuse an order or request with reasons, or to attach special
special conditions. The entrepreneur will send the consumer with the product or service
consumer the following information, in writing or in such a way that the
consumer can store it in an accessible way on a durable data carrier
data carrier, include: a. the visiting address of the entrepreneur's office where the consumer can lodge complaints
b. the conditions under which and the way in which the consumer can exercise their right of withdrawal
the consumer can exercise their right of withdrawal, or a clear statement
about the exclusion of the right of withdrawal; c. the information about guarantees and existing
existing after-sales service; d. the data included in Article 4 paragraph 3 of these terms
data, unless the entrepreneur has already provided this information to the consumer before the
e. the requirements for terminating the contract if the
the contract has a duration of more than one year or is of indefinite duration. In the case
the provision of the previous paragraph applies only to the first delivery.
delivery. Every agreement is entered into under the suspensive condition of
sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option
the option to dissolve the contract without stating reasons within a period of 14 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 communicated to the entrepreneur.
representative. During the cooling-off period, the consumer will treat the product
product and packaging with care. He will only unpack or use the product to the extent
as necessary to assess whether he wishes to keep the product. If he purchases products or services whose prices are subject to fluctuations in the financial market
financial market and over which the entrepreneur has no influence, you offer these with variable prices. These
fluctuations and the fact that all stated prices are target prices
are mentioned in the offer. Price increases within 3 months after the conclusion of the contract
conclusion of the contract are only permitted if they are the result of legal
regulations or provisions. Price increases from 3 months after the conclusion of the contract are only
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and: a. they are based on legal regulations or provisions.
result from legal regulations or provisions; or b. the consumer is entitled
to terminate the contract on the day the price increase takes effect. All
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of errors.
errors. In the event of printing and typesetting errors, the entrepreneur is
If the consumer exercises their right of withdrawal, they must return the goods with all delivered accessories and, as far as reasonably possible, in their original condition and packaging.
- as far as reasonably possible - in their original condition and packaging to the entrepreneur
return to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must do so
within 14 days after receiving the product to the entrepreneur. The
consumer must do this in the form of a written notification/e-mail. After the
consumer has made known that they wish to make use of their right of withdrawal, the
must return the product within 14 days. The consumer must prove that the
that the delivered goods have been returned on time, for example by means of a proof of shipment.
shipment. If the customer has not made known after the expiry of the periods mentioned in paragraphs 2 and 3
made use of their right of withdrawal or has not returned the goods to the entrepreneur
returned the goods to the entrepreneur, the purchase is a fact.
Article 7 - Costs
In case of withdrawal If the consumer makes use of their right of withdrawal
right of withdrawal, the costs of returning the products are borne by the consumer.
the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount
as soon as possible, but no later than 14 days after the withdrawal. This is
provided that the goods have already been received back by the entrepreneur or that conclusive
proof of complete return.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the
The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
before the conclusion of the contract. An exclusion of the right of withdrawal is
is only possible for products
that the entrepreneur has made to the consumer's specifications; b. that
are clearly personal in nature; c. that cannot be returned due to their nature
d. that spoil or age quickly; e.
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f.
over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software where the consumer has broken the seal. h.
for hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services: a. for accommodation
transport, catering, or leisure activities to be performed on a specific date or
or during a specific period; b. whose delivery has commenced with the express consent of the
consumer before the cooling-off period has expired; c. for bets and lotteries
and lotteries.
Article 9 - The Price
During the validity period stated in the offer, the prices
of the products and/or services offered will not be increased, except for price changes due to
as a result of changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may
Article 10 - Compliance and Warranty
The entrepreneur guarantees that the products and/or
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness
the reasonable requirements of soundness and/or usability and the legal provisions and/or
government regulations existing at the time of the conclusion of the contract.
of the conclusion of the contract. 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
importer does not affect the legal rights and claims that the
consumer can assert against the entrepreneur under the contract.
Any defects or wrongly delivered products should be communicated to the entrepreneur
the entrepreneur in writing. The return of the products must
be 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
however, never responsible for the ultimate suitability of the products for each
of the products for the specific application by the consumer, nor for any advice regarding the use or application of the products.
use or application of the products. The warranty does not apply if: The consumer has
repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties
the delivered products have been exposed to abnormal conditions or otherwise handled carelessly.
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging.
of the entrepreneur and/or on the packaging; The inadequacy is wholly or partly
The inadequacy is wholly or partly the result of regulations that the state has made or will make concerning the nature or quality of the materials used.
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 product orders.
Subject to what is stated in Article 4 of these General Terms and Conditions and
the entrepreneur will execute accepted orders as quickly as possible, 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 can only be partially executed,
the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract
contract free of charge and is entitled to any compensation. In the event
of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer
the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution of the contract,
refund. If delivery of an ordered product proves impossible, the
entrepreneur will endeavor to provide a replacement product. At the latest at
delivery, it will be stated clearly and understandably that a replacement item is being supplied.
Replacement items do not exclude the right of withdrawal. The costs
of return shipment will 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 pre-designated and communicated to the entrepreneur
representative, unless expressly agreed otherwise.
Article 12 - Term Transactions:
Termination of term and extension Termination, The consumer can
terminate a contract entered into for an indefinite period and which extends to the regular
delivery of goods (including electricity) or services, at any time with due observance
of the applicable termination rules and a notice period of
no more than one month. The consumer can terminate a fixed-term contract
which extends to the regular delivery of goods (including electricity) or the provision of services
The consumer may terminate a fixed-term contract, which extends to the regular delivery of goods (including electricity) or the provision of services, at any time towards the end of the fixed term with due observance of the applicable termination rules and a notice period of one month.
due observance of the applicable termination rules and a notice period of no more than one month.
one month. The consumer can terminate the contracts referred to in the preceding paragraphs: at any time and
at any time and not be limited to termination at a specific time or in a specific period;
at a specific time or in a specific period; terminate at least in the same way as they were entered into;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal A contract entered into for a definite period and which extends to the
delivery of goods (including electricity) or the provision of services, may not be
tacitly extended or renewed for a definite duration. Notwithstanding the
Notwithstanding the preceding paragraph, a fixed-term contract entered into for the regular
delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months,
for a fixed term of a maximum of three months, if the consumer has agreed to this extension
contract extension with a period of up to one month
notice period of up to one month. A fixed-term contract
which extends to the regular delivery of goods or services, may only
be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of one month.
terminate the contract with a notice period of a maximum of one month and a notice period of a maximum of three months if it concerns a
three months if it concerns a contract for the regular, but not monthly, delivery of daily
once a month daily or weekly newspapers and magazines. A
limited-term contract for the regular delivery of daily,
weekly newspapers and magazines (trial or introductory subscription) is not
tacitly extended and ends automatically after the trial or
introductory period. Term If a contract has a term of more than one year,
the consumer may, after one year, terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness dictate termination before
before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer are
consumer are due within 7 working days after the commencement of the
cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for
provision of a service, this period commences after the consumer has received confirmation of the agreement.
agreement. The consumer has the obligation to immediately report any inaccuracies in
or stated payment data to the entrepreneur. In the event of a
payment default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge
to charge reasonable costs, which were communicated to the consumer in advance.
costs.
Article 14 - Complaint procedure
Complaints about the execution of the agreement must be
submitted fully and clearly described to the entrepreneur within 7 days, 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.
answered. If a complaint requires a foreseeably longer processing time, the
entrepreneur will respond within the 14-day period with an acknowledgment 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 falls under the
dispute resolution scheme. A complaint does not suspend the obligations of the entrepreneur, unless
unless the entrepreneur states otherwise in writing. If a complaint is found by the entrepreneur to be well-founded,
the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
replace or repair.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer, to which
these general terms and conditions apply, Dutch law applies.
applicable. Even if the consumer resides abroad.
t with the entrepreneur; day: calendar day; duration business: 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
durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally
on a data carrier that is addressed to him personally, in a way that allows for future consultation and unaltered
unaltered 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 to consumers at a distance
offers to consumers; Distance contract: an agreement whereby, within the framework of a
a system organized by the entrepreneur for the distance sale of goods
and/or services, up to and including the conclusion of the contract, exclusively one or more techniques of distance communication are used
one or more techniques of distance communication; Technique of distance communication
distance communication technique: means that can be used to conclude an agreement, without the
consumer and entrepreneur coming together in the same room at the same time.