General Terms & Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can 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;
Long-term transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed 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 cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of an organized system by the entrepreneur for the remote sale of products and/or services, where up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur
Company details

Article 3 – Applicability
These general terms and conditions apply to every offer of 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 will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded 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 upon request 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 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 will 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 electronically or by other means upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and 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 in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will remain in force for the rest, and the relevant provision shall be replaced by mutual agreement with a provision that as closely as possible reflects the original intent.

Situations that are 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 of these 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 subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer includes 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 assessment of the offer. If the entrepreneur uses images, these must be a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to any claim for damages or dissolution of the agreement.

Images of products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors will exactly match the actual colors of the products.

Each offer contains sufficient information to make it clear to the consumer what their rights and obligations are when accepting the offer. This includes, in particular:

The price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will apply the special scheme for postal and courier services regarding the importation. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (whether or not together with the charged customs clearance costs) from the recipient of the goods;
Any shipping costs;
The manner in which the agreement will be concluded and the necessary steps for its completion;
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 cost of remote communication if the use of the means of communication is charged on a basis other than the standard base rate for the used communication method;
Whether the contract will be archived after its conclusion and, if so, how the consumer can access it;
The way in which the consumer can check and, if necessary, correct the information they provided before concluding the contract;
Any other languages besides Dutch in which the contract can be concluded;
The codes of conduct to which the entrepreneur has adhered and how the consumer can access these codes electronically; and
The minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this receipt, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal frameworks, assess whether the consumer can fulfill their payment obligations, as well as all relevant facts and factors for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information, in writing or in a way that allows the consumer to store it accessibly on a durable data carrier, along with the product or service:

The business 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 warranties and existing post-purchase service;
The data included in Article 4, paragraph 3 of these terms, 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 provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into 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 dissolve the agreement without stating any reasons within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives 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 determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product, including all accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or via email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the product was returned on time, for example, by providing proof of shipment.

If the consumer has not notified the entrepreneur of their intention to withdraw within the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.

If the consumer has already made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this refund is subject to the condition that the product has been received by the online retailer, or that conclusive proof of the complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 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 before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been manufactured by the entrepreneur according to the consumer's specifications;
that are clearly of a personal nature;
that, by their nature, cannot be returned;
that can spoil or age quickly;
whose price is dependent on 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 hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specified period;
whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.

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.

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, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.

The place of delivery is determined under Article 5, paragraph 1, of the 1968 Turnover Tax Act, meaning it occurs in the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or customs clearance costs from the purchaser. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical 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, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that 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 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 14 days of delivery. The products must be returned in their original packaging and in a 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 otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
The defectiveness is wholly or partly due to regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when receiving and executing product orders.

The delivery address shall be the address provided by the consumer to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly and within a maximum of 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed 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 if applicable.

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 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost 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 by the consumer and made known to the entrepreneur unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that has been concluded for an indefinite period and that 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 that involves the regular delivery of products (including electricity) or services at any time at the end of the agreed duration, 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 shall not be limited to termination at a specific time or within a specific period;
At least in the same manner as they were entered into;
Always with the same notice period as the entrepreneur has set for themselves.

Renewal

A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers and magazines may be tacitly renewed for a maximum duration of three months, provided that the consumer can terminate the extended agreement at the end of the renewal period 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 period if the consumer is allowed to terminate the agreement at any time with a notice period of no more than one month, or a notice period of no more than three months if the agreement involves the regular delivery of daily, news, or weekly newspapers and magazines less than once per month.

A limited-duration agreement for the regular introductory delivery of daily, news, or weekly newspapers and magazines (trial or introductory subscription) shall 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 reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start 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 begins after the consumer has received the confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge reasonable costs that have been communicated 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 identified the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur has stated otherwise in writing.

If the entrepreneur considers a complaint to be justified, they will either 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 exclusively governed by Dutch law, even if the consumer resides abroad.