general terms and 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 acts for purposes that are outside their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
Day: calendar day;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of a system organized for the distance sale of products and/or services, where up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Durable data carrier: any medium that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that makes future consultation and unchanged reproduction of the stored information possible.
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period without giving any reason;
Entrepreneur: the natural or legal person who offers products and/or services to consumers;
Distance agreement: an agreement whereby, as part of a system organized for the distance sale of products and/or services, the agreement is concluded exclusively using one or more techniques for distance communication;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur meeting in the same location.
General Terms and Conditions: the entrepreneur’s General Terms and Conditions.

Article 2 - Right of Withdrawal

The consumer has the right to withdraw from the agreement within 14 days without providing any reason.
During the cooling-off period, the consumer will handle 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 the 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 every concluded distance agreement and order between the entrepreneur and the consumer. Before the distance 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 agreement is concluded that the general terms and conditions are available for inspection from the entrepreneur and will be sent to the consumer as soon as possible upon request. If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can easily be stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded where the consumer can view these general terms and conditions electronically and that they will be sent to the consumer free of charge upon request.
If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may rely on the most favorable provision in case of conflicting terms.
If any provision of these general terms and conditions is found to be wholly or partially invalid or voided at any time, the remainder of the agreement and these terms will remain in effect, and the invalid provision will be replaced by a provision that most closely reflects the intent of the original provision.
Situations not covered by these general terms and conditions will be assessed according to the spirit of these terms.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms should be explained in line with the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity 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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an informed decision about the offer. If the entrepreneur uses images, these will be 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 be the basis for compensation or contract termination. Images accompanying 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. The offer includes sufficient information so that the consumer understands what rights and obligations are attached to the acceptance of the offer. This includes, in particular:
a. the possible shipping costs;
b. the way the agreement will be concluded and the actions necessary for this;
c. whether or not the right of withdrawal applies;
d. the payment, delivery, and performance methods for the agreement;
e. the period during which the offer is valid, or the period in which the entrepreneur guarantees the price;
f. the cost of distance communication, if applicable, based on another basis than the regular rate for the communication method used;
g. whether the agreement will be archived after conclusion and, if so, how the consumer can access it;
h. the way the consumer can check and, if necessary, correct the data provided during the agreement process;
i. the other languages in which the agreement may be concluded besides the language of the offer;
j. the codes of conduct the entrepreneur adheres to and how the consumer can access them online;
k. the minimum duration of the distance agreement in the case of a long-term contract.

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 stipulated conditions. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the consumer's acceptance of the offer by electronic means without delay. As long as the entrepreneur has not confirmed receipt of the acceptance, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations and assess any factors that could impact the responsible conclusion of the distance agreement. If the entrepreneur has good reasons to refuse the agreement based on this investigation, they may reasonably refuse the order or apply special conditions to its execution. When providing the product or service, the entrepreneur will send the following information to the consumer in writing or in a way that the consumer can store it on a durable data carrier:
a. the business address where the consumer can submit complaints;
b. the terms under which and the way in which the consumer can exercise the right of withdrawal, or a clear indication that the right of withdrawal does not apply;
c. the information about guarantees and post-purchase service;
d. the information listed in Article 4, paragraph 3, unless already provided before the agreement’s execution;
e. the requirements for terminating the agreement if the contract lasts more than one year or is of indefinite duration. In the case of a long-term contract, this provision applies only to the first delivery. Each agreement is concluded under the condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to dissolve the agreement without giving any reason within 14 days. This reflection period starts the day after the consumer receives the product, or a representative designated by the consumer and known to the entrepreneur, receives the product. During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wants to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur 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 returned goods were sent on time, for example, by providing proof of shipment. If the consumer has not notified the entrepreneur of their wish to exercise the right of withdrawal, or if the product has not been returned after the periods mentioned in paragraphs 2 and 3, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by 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, provided that the product has already been returned or solid proof of the complete return can be provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this in the offer, at least in time before the conclusion of the agreement. The exclusion of the right of withdrawal is only possible for products:
a. that were created by the entrepreneur according to the consumer's specifications;
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 that the entrepreneur cannot influence;
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 hygienic products whose seal has been broken by the consumer.

The 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 within a certain period;
b. where the delivery has started with the consumer's explicit consent before the cooling-off period has expired;
c. concerning betting and lotteries.

Article 9 – Price

During the validity period specified 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are linked to fluctuations in the financial market over which the entrepreneur has no control. This linkage to fluctuations and the fact that any prices mentioned are indicative prices will be stated 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 from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
a. the increase is the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement from the day the price increase takes effect.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In case 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 mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations 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 consumer's legal rights and claims that the consumer can make 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. Products should be returned in their original packaging and in new condition. The warranty period from the entrepreneur matches the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer or 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 had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in violation of the entrepreneur's instructions and/or the instructions on the packaging;

  • The defect is entirely or partly due to government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products. In accordance with what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can only be partially executed, the consumer will be notified of this within 30 days of placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to compensation if applicable. In case of cancellation as per the previous paragraph, the entrepreneur will refund the amount the consumer paid as soon as possible, but no later than 14 days after cancellation. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute product. At the latest upon delivery, it will be clearly and understandably communicated that a substitute product will be delivered. For substitute products, the right of withdrawal cannot be excluded. The costs of a potential return shipment are borne by the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated by the consumer, unless otherwise agreed.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation: The consumer may cancel an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month. The consumer can cancel an agreement concluded for a fixed term that involves the regular delivery of products (including electricity) or services at any time, with the cancellation taking effect at the end of the fixed period, provided that the agreed cancellation rules and a notice period of no more than one month are respected. The consumer may cancel the agreements referred to in the previous paragraphs at any time and is not limited to cancellation at a specific time or in a certain period; they can cancel in the same manner as they entered into the agreement; and can always cancel with the same notice period as the entrepreneur has agreed to for themselves.
Extension: An agreement concluded for a fixed term involving the regular delivery of products (including electricity) or services cannot be automatically extended or renewed for a fixed period. Notwithstanding the previous sentence, an agreement concluded for a fixed term involving the regular delivery of daily, weekly, or periodicals (newspapers, magazines) may be automatically extended for a maximum period of three months if the consumer can cancel the extended agreement at the end of the extension period with a notice period of no more than one month. An agreement concluded for a fixed term involving the regular delivery of products or services can only be extended indefinitely if the consumer can cancel it at any time with a notice period of no more than one month, and with a notice period of no more than three months in case the agreement involves the regular delivery of daily, weekly, or periodicals less than once a month. A limited-duration agreement for the regular delivery of periodicals for promotional or introductory purposes will not be automatically extended and will end after the trial or introductory period has ended.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as mentioned in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement. The consumer is obligated to promptly report any inaccuracies in the provided or indicated payment details to the entrepreneur. In case of default by the consumer, the entrepreneur, unless otherwise restricted by law, has the right to charge reasonable costs previously disclosed to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance 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 14 days from the date of receipt. If a complaint requires foreseeable 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 response. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur explicitly states otherwise in writing. If a complaint is deemed justified by the entrepreneur, the entrepreneur will choose to either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.