Legal notice

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer may exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuous performance contract: A distance contract relating to a series of products and/or services, whereby the obligation to deliver and/or receive is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them 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 to consumers at a distance.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Means of distance communication: 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 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 its packaging with care.

If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition, in accordance with reasonable 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 shall be indicated before the distance contract is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it 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 accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or otherwise.

If, in addition to these General Terms and Conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, 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 wholly or partially void or annulled, the agreement and these terms shall otherwise remain in force, and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall 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 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. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.

If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or 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 termination of the contract.

Images of products are a truthful representation of the products offered. 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 associated with acceptance of the offer, including in particular:

Any shipping costs
The manner in which the contract will be concluded and what actions are required
Whether or not the right of withdrawal applies
The method of payment, delivery, and performance of the contract
The period for accepting the offer or the period during which the entrepreneur guarantees the price
The rate for distance communication if the cost is calculated on a basis other than the regular basic rate
Whether the contract will be archived after 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 data provided
Any other languages in which the contract may be concluded, in addition to Dutch
The codes of conduct to which the entrepreneur has committed and how the consumer can consult them electronically
The minimum duration of the distance contract in the case of a continuous performance contract
Optional: available sizes, colors, types of materials

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, 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 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 their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds to not enter into the contract based on this investigation, they are entitled to refuse an order or request with justification or attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information 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 entrepreneur’s establishment where the consumer can submit complaints
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
Information about guarantees and existing after-sales service
The data referred to in Article 4 paragraph 3, unless already provided prior to execution
The requirements for termination if the contract has a duration of more than one year or is indefinite

In the case of a continuous performance contract, the previous paragraph applies only to the first delivery. All contracts are 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 for a period of 30 days.

This cooling-off period commences on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, has received the product.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

If the consumer exercises their right of withdrawal, they shall return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 30 days after receipt of the product. Notification must be made by means of a written message or email.

After the consumer has notified the entrepreneur of their intention to exercise the right of withdrawal, the consumer 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 consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3, and/or has not returned the product to the entrepreneur, the purchase shall be deemed final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by 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, provided that the product has already been received 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 shall only apply 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 the consumer’s specifications
That are clearly personal in nature
That cannot be returned due to their nature
That can spoil or age quickly
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence
For single newspapers and magazines
For audio and video recordings and computer software where the consumer has broken the seal
For hygienic products where the consumer has broken the seal

Article 9 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Contrary to 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, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative 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:

They are the result of statutory regulations or provisions; or
The consumer is entitled to terminate 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 or typographical errors. In the event of such errors, the entrepreneur is not obliged 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, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. 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 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 modified the delivered products themselves or has had them repaired and/or modified by third parties
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or those stated on the packaging
The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used

Article 11 – Delivery and Performance

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.

With due observance of what is stated in Article 4 of these General Terms and Conditions, the company shall execute accepted orders with due speed, but no later than within 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 shall be notified of this no later than 30 days after placing the order. In such cases, 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 supplied.

The right of withdrawal may not be excluded for replacement items. 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Performance Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period, which 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 entered into for a fixed period, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, 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 the consumer;
always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed period and extending to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

Contrary to the previous paragraph, an agreement entered into for a fixed period and extending to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed duration of no more than three months, provided the consumer can terminate the extended agreement at the end of the extension period with a notice period of no more than one month.

An agreement entered into for a fixed period and extending to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of agreements extending 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) shall not be tacitly continued and shall 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 reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, 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 for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

In the event of default by the consumer, the entrepreneur is entitled, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the performance 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 shall be answered within 14 days from the date of receipt.

If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution 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 shall, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law.

This also applies if the consumer resides abroad.