General Terms & Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise 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;
Continuous transaction: a distance contract related to a series of products and/or services, where the delivery and/or purchase obligations are spread over time;
Durable data carrier: any means that allows the consumer or entrepreneur to store information directed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, one or more techniques for distance communication are exclusively used;
Distance communication technique: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same place;
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 agreement within a cooling-off period of 14 days without giving any reason.
During the cooling-off period, the consumer will handle the product and packaging carefully.
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 reasonable instructions from the entrepreneur.
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded remotely and orders placed between the entrepreneur and the consumer. Before the remote agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises, and they will be sent to the consumer free of charge as soon as possible upon request.
If the remote agreement is concluded electronically, the text of these general terms and conditions can, by way of exception to the previous paragraph and before the remote agreement is concluded, be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the remote agreement is concluded where the general terms and conditions can be accessed electronically, and that they will be sent to the consumer free of charge either electronically or in another manner upon request.
In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs will apply accordingly. In case of conflicting general terms and conditions, the consumer may always rely on the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time entirely or partially null and void or are annulled, the agreement and these terms and conditions will remain in force in all other respects. The relevant provision will be replaced by mutual agreement without delay by a provision that most closely approximates the intent of the original. Situations not regulated by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur has the right 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 allow the consumer to make a proper evaluation of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot serve as a basis for compensation or the dissolution of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly includes: any shipping costs; the manner in which the agreement will be concluded and the actions required for that; 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 communication rate for remote communication if the costs of using the technique for remote communication are based on something other than the regular base rate for the used communication method; whether the agreement will be archived after it is concluded and, if so, how it can be accessed by the consumer; how the consumer can check and, if desired, correct the information provided by them in the context of the agreement before concluding the agreement; any other languages in which the agreement can be concluded, in addition to Dutch; the codes of conduct the entrepreneur has adhered to and how the consumer can consult these codes of conduct electronically; and the minimum duration of the remote agreement in the case of a long-term transaction. Optional: available sizes, colors, types of materials.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal limits, inquire whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the remote agreement. If the entrepreneur has good reasons to not conclude the agreement based on this investigation, they are entitled to refuse an order or request, or to attach special conditions to the execution.
The entrepreneur will 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:
a. The visiting address of the entrepreneur’s establishment where the consumer can go for complaints;
b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice if the right of withdrawal is excluded;
c. Information about warranties and existing after-sales service;
d. The information included 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;
e. 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 provision in the previous paragraph only applies to the first delivery. Each agreement is concluded subject to 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 giving any reason within 14 days. This reflection period starts on the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep the product.
If the consumer makes use of the right of withdrawal, they must return the product, along with all delivered accessories, and – if reasonably possible – in the original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification must be made by written message or email.
Once the consumer has notified their intent to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods were returned on time, such as a proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product within the terms mentioned in paragraphs 2 and 3, the sale is considered final.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense.
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. However, this is on the condition that the product has already been received back by the retailer or conclusive proof of complete return can be provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the specifications of the consumer;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer;
h. for hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
b. for which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 - The price
During the validity period mentioned 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.
In deviation from the previous section, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that any indicated prices are guideline prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to cancel the agreement as of the day 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 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, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their 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 any individual use 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 modified the delivered products themselves or has had them repaired and/or modified by third parties. The warranty is also void if the delivered products have been exposed to abnormal conditions, treated negligently, or handled contrary to the instructions of the entrepreneur and/or the packaging. Furthermore, the warranty is void if the defect is wholly or partially 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 exercise the utmost care in receiving and executing product orders. Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed 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 or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without incurring any costs and may claim compensation if applicable.
In the event of termination as specified in the previous paragraph, the entrepreneur will refund any amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. The delivery of a replacement item will be communicated clearly and understandably at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment for replacement items 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 previously designated representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Long-Term Transactions: Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period, which involves 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 a fixed-term agreement, which involves the regular delivery of products (including electricity) or services, at the end of the specified 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 preceding paragraphs:
- At any time and without being limited to termination at a specific time or during a specific period.
- At least in the same way as the agreement was entered into.
- Always with the same notice period as stipulated for the entrepreneur.
Renewal
An agreement entered into for a fixed term, which involves the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed term.
By exception, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite term if the consumer can terminate it at any time with a notice period of no more than one month or, in the case of less than once-a-month delivery of daily, news, or weekly newspapers and magazines, with a notice period of no more than three months.
An agreement of limited duration for the regular delivery of daily, news, or weekly newspapers and magazines as an introductory or trial subscription will not be tacitly continued and will automatically end after 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 the principles of reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that have been disclosed to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the shortcomings. The complaint must be submitted fully and clearly described. The entrepreneur will respond to complaints within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If a complaint cannot be resolved through mutual agreement, it will result in a dispute subject to the dispute resolution process. Filing a complaint does not suspend the entrepreneur’s obligations unless the entrepreneur has indicated otherwise in writing. If the entrepreneur finds the complaint to be justified, they will replace or repair the delivered products free of charge at their discretion.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by UK law, even if the consumer resides abroad.