General terms and conditions

Table of contents

Article 1 - Definitions

1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

2. Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

3. Day: calendar day;

4. Durable transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or performance obligation is spread over time;

5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unchanged reproduction of the stored information.

6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

7. Return form: the return form for withdrawal provided by the entrepreneur that a consumer can fill in when he wants to exercise his right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;

9. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for remote communication are used.

10. Technology for remote communication: a means that can be used for concluding an agreement, without the consumer and the entrepreneur being physically present in the same location simultaneously.

11. Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded at a distance and orders between entrepreneur and consumer.

2. 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 viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

3. If the distance contract is concluded electronically, 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 medium. 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 electronically or in another manner free of charge upon request.

4. In case specific product or service terms and conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.

5. If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions shall remain in force for the remainder and the relevant provision shall be replaced promptly by a provision that approximates the purpose of the original provision as closely as possible through mutual consultation.

6. Situations not covered by these general terms and conditions should be assessed in the 'spirit' of these general terms and conditions.

7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

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

3. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these must provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

4. All images, specifications and data in the offer are indicative and cannot be the basis for compensation or termination of the agreement.

5. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

6. Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer. This concerns in particular:

   • the price including taxes;

   • the possible shipping costs;

   • the manner in which the agreement will be concluded and the actions required for that;

   • the applicability or not of the right of withdrawal;

   • the method of payment, delivery, and performance of the agreement;

   • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

   • the amount of the fee for remote communication if the costs of using the remote communication technology are calculated on a different basis than the regular basic rate for the communication medium used;

   • If the agreement is archived after its conclusion, and if so, where it can be consulted by the consumer;

   • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;

   • the possible other languages in which, besides Dutch, the agreement can be concluded;

   • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

   • the minimum duration of the distance contract in case of a long-term transaction.

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

2. If the consumer has accepted the offer electronically, the entrepreneur confirms immediately by electronic means the receipt of the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance of this offer, the consumer may terminate the agreement.

3. 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 secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

4. The entrepreneur may - within legal frameworks - verify whether the consumer can meet his payment obligations, as well as all those facts and factors that are relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a request or order with justification or to attach special conditions to the execution.

5. The entrepreneur will provide the consumer with the following information regarding the product or service, either in writing or in a way that can be stored by the consumer in an accessible manner on a durable medium:

   • the visiting address of the entrepreneur's branch where the consumer can address 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;

   • The 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 data to the consumer before the execution of the agreement;

   • the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a long-term transaction, the provision in the preceding paragraph shall only apply to the first delivery.

7. Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option to terminate the agreement within 30 days. This cooling-off period starts on the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur in advance.

2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories provided and - if reasonably possible - in its original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

3. When the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 14 days after receiving the product, by notifying the entrepreneur. The consumer must notify using the model form or by any other means of communication such as email. After the consumer has indicated the intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example by means of proof of shipment.

4. If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

1. In the case of services, the consumer has the right to cancel the agreement within at least 14 days without giving any reason, starting from the day the agreement is concluded.

2. In order to exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by him at most.

2. 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. The condition is that the product has already been received by the online retailer or conclusive evidence of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to another payment method.

3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in the product's value.

4. The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract.

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

   • which have been made by the entrepreneur in accordance with the consumer's specifications;

   • that are clearly personal in nature;

   • those that, by their nature, cannot be returned;

   • items that can quickly spoil or age;

   • whose price is subject to fluctuations on the financial market over which the entrepreneur has no control;

   • for individual newspapers and magazines;

   • for audio and video recordings and computer software where the consumer has broken the seal;

   • for hygienic products whose seal has been broken by the consumer.

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

   • concerning accommodation, transportation, restaurant services, or leisure activities to be provided on a specific date or during a specific period;

   • where the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;

   • regarding bets and lotteries.

Article 9 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. In deviation from the previous paragraph, the entrepreneur can offer products or services with prices that are subject to fluctuations on the financial market and over which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that any prices mentioned may be indicative prices will be stated in the offer.

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

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

   • these are the result of legal regulations or provisions; or

   • The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

5. The prices mentioned in the product or service offerings are inclusive of VAT.

6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

1. 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 legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

3. The legal guarantee applies to all products. The duration of the legal guarantee may vary depending on the nature of the product.

4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.

5. 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 instructions of the entrepreneur and/or as indicated on the packaging;

   • The defectiveness is wholly or partially due to regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address provided by the consumer to the company.

3. Subject to the provisions of paragraph 4 of this article, the company shall 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 cannot be executed in whole or in part, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.

4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned deadlines. Exceeding a deadline does not entitle the consumer to compensation.

5. In case of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration, termination, and renewal of long-term contracts

Termination

1. The consumer can terminate an agreement entered into for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month.

2. The consumer can terminate an agreement that has been entered into for a definite period and that aims to regularly deliver products (including electricity) or services at any time towards the end of the specified duration, observing the agreed termination rules and a notice period of up to one month.

3. The consumer can terminate the agreements mentioned in the previous sections:

   • terminate at any time and not be limited to termination at a specific time or within a specific period;

   • At least cancel in the same way as they were entered into by him;

   • Always terminate with the same notice period as the entrepreneur has agreed for themselves.

Extension

1. An agreement entered into for a definite period and which aims at the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite duration.

2. In deviation from the previous paragraph, an agreement entered into for a definite period of time and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a specific duration of up to three months, if the consumer can terminate this renewed agreement towards the end of the renewal with a notice period of at most one month.

3. An agreement entered into for a definite period and which aims at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is at all times entitled to terminate with a notice period of at most one month and a notice period of at most three months in the event that the agreement aims at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the end of the trial or introductory period.

Expensive

1. 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 up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless agreed otherwise, the amounts due from 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 a service agreement, this period starts after the consumer has received the confirmation of the agreement.

2. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

3. In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

2. Complaints about the performance of the agreement must be submitted in full and clearly described to the entrepreneur within 2 months after the consumer has identified the defects.

3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution.

5. In case of complaints, a consumer should contact the entrepreneur.

6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

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

2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions