General terms and conditions

General Terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
 Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.

Day: Calendar day.

Continuing performance contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time. 

Durable data carrier: Any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered 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 whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, 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: A means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room at the same time.

General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Right of withdrawal
The consumer has the right to withdraw from the agreement within a reflection period of 30 days without giving reasons.
During the reflection period, the consumer will treat the product and its packaging with care.
If the consumer exercises his right of withdrawal, he will return the product with all delivered accessories and, if possible, in its original state, in accordance with reasonable instructions from the entrepreneur.

Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and 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, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, notwithstanding 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most beneficial to him.

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 terms and conditions shall otherwise remain in force and the provision in question shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as much as possible.
 
Situations not regulated in these general terms and conditions should be assessed “in the spirit” of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to 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 made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation.
The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services.
Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

This concerns in particular:

• The possible costs of shipment.
  
  
• The way in which the agreement will be concluded and what actions are required to do so.
  
  
• Whether the right of withdrawal is applicable.
  
  
• The method of payment, delivery and implementation of the agreement.
  
  
• The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
  
  
• The height of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.
  
  
• whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer.
  
  
• The manner in which the consumer, before the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, rectify them.
  
• The possible other languages in which, besides Dutch, the agreement can be concluded.
  
  
• The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
  the minimum duration of the distance contract in the event of a duration transaction.

Optional: available sizes, colours, type of materials.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions stipulated.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of 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 shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.

The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

• The visiting address of the establishment of the entrepreneur where the consumer can go with complaints.
  
  
• The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal.
  
  
• The information on guarantees and existing after-sales service.
  
  
• The data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data 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 duration transaction, the provision of the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 30 days.

This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and 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 to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 30 days of receiving the product. The consumer should make this known by means of a written message or e-mail.

After the consumer has expressed his wish to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of dispatch.

If the customer has not expressed his wish to make use of his right of withdrawal and/or has not returned the product to the entrepreneur after expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products are for the consumer's account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal.
This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be presented.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for certain products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, at least in good time before concluding the contract.

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

• Which have been created by the entrepreneur in accordance with consumer specifications.
  
  
• Which are clearly personal in nature.
  
  
• Which cannot be returned due to their nature.
  
  
• Which spoil or age quickly.
  
  
• Of which the price is subject to fluctuations on the financial market over which the entrepreneur has no influence.
  
  
• For individual newspapers and magazines.
  
  
• For media and video recordings and computer software of which the consumer has broken the seal.
  
  
• For hygienic products of which the consumer has broken the seal.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to 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 that are beyond the Entrepreneur's control, with variable prices.
This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

Price increases within three months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:

• These are the result of legal regulations or provisions.
  
  
• The consumer is authorised to terminate the agreement with effect from the day on which the price increase takes effect.
  
  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 according to the incorrect price.

Article 10 - Conformity and guarantee

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.

If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement.
Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 30 days after delivery.

Return of the products should be in the original packaging and in new condition.
The guarantee period of the entrepreneur corresponds to the factory guarantee 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 guarantee does not apply if:

• The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties.
  
  
• The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of the entrepreneur and/or on the packaging.
  
  
• The defectiveness is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The company will take the greatest possible care when receiving and executing product orders.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered.

With replacement articles, the right of withdrawal cannot be excluded. 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 previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Extended duration transactions: duration, termination and extension
Termination

The consumer may terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a period of notice that does not exceed one month.

The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• Terminate at any time and shall not be limited to termination at a specific time or in a specific period;
  
  
• at least terminate in the same way as they were entered into by him;
  
  
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.

A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly extended for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract relates to the regular supply of daily or weekly newspapers, magazines and periodicals, but less than once a month.

A fixed-term contract for the regular supply by way of introduction of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract 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

Unless otherwise agreed, the amounts owed by the consumer should be paid within seven working days after the start of the reflection period as referred to in article 6 paragraph 1.

In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement 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 will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Dutch law applies exclusively to contracts between the entrepreneur and the consumer to which these general terms and conditions relate.
Even if the consumer resides abroad.