General terms and conditions
Article 1 - Definitions
In these general terms and conditions, the following definitions apply:
Cancellation period: The period during which the consumer may exercise their right of cancellation.
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 contractor.
Day: Calendar day.
Continuing performance contract: A distance contract relating to a series of goods and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any means enabling the consumer or the contractor to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the information stored.
Right of withdrawal: The consumer's option to withdraw from the distance contract within the withdrawal period.
Trader: The natural or legal person who offers goods and/or services at a distance to consumers.
Distance contract: A contract whereby, within the framework of a system organized by the contractor 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: any means which, without the simultaneous physical presence of the consumer and the trader, may be used for the conclusion of a contract.
General terms and conditions: The current general terms and conditions of the contractor.
Article 2 - Right of withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer must handle the product and packaging with care.
If the consumer exercises his right of withdrawal, he must return the product with all accessories supplied and, if possible, in its original condition, in accordance with reasonable instructions from the contractor.
Article 3 - Applicability
These general terms and conditions apply to all offers made by the contractor and to all distance contracts and orders concluded between the contractor 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, before the distance contract is concluded, it will be stated that the general terms and conditions are available for inspection 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 preceding 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 stored by the consumer in an accessible manner on a durable medium. If this is not reasonably possible, it shall be stated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply insofar as applicable, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable 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 invalid or repealed, the agreement and these terms and conditions shall otherwise continue to apply and the provision in question shall be replaced without delay by mutual agreement with a provision that as far as possible approximates the meaning of the original provision.
Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions. Any ambiguity regarding the interpretation or content of one or more provisions in our terms and conditions 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 will be expressly stated in the offer. The offer is without obligation. The contractor 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 contractor uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the contractor.
All images and specifications in the offer are indicative and cannot be a reason for compensation or termination of the contract.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:
● Any delivery costs.
How the contract will be concluded and what steps are necessary for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and performance of the contract.
The time limit for accepting the offer, or the time limit within which the trader guarantees the price.
● The amount of the charge for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic charge for the means of communication used.
● Whether the contract will be filed after it has been concluded and, if so, how the consumer can access it.
● How the consumer can check the information provided by the consumer within the framework of the contract before the contract is concluded and, if desired, correct it.
Any languages other than Dutch in which the contract may be concluded.
The codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes electronically.
● The minimum duration of the distance contract in the case of a longer-term transaction.
Optional: available sizes, colors, type of material.
Article 5 - The contract
Unless otherwise provided in paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions stated therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the contractor, the consumer may dissolve the contract.
If the contract is concluded electronically, the contractor shall take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The contractor may, within the limits of the law, inform himself of the consumer's ability to fulfill his payment obligations, as well as of all facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or application or to attach special conditions to its execution, stating the 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 manner on a durable medium:
● The visiting address of the entrepreneur's branches to which the consumer can turn with complaints.
The conditions and manner in which the consumer may exercise his right of withdrawal, or a clear statement that the right of withdrawal does not apply.
Information on guarantees and existing after-sales services.
● The information specified in Article 4.3 of these terms and conditions, unless the trader has already provided this information to the consumer before the contract was concluded.
● The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Each contract is concluded subject to the condition precedent of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving reasons within a period of 30 days.
This reflection period begins on the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the contractor.
During the reflection 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 shall return the product to the trader with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader within 30 days of receipt of the product. The consumer should notify this by means of a written notice or email.
After the consumer has expressed his wish to exercise his right of withdrawal, he must return the product within 30 days.
The consumer must prove that the delivered goods were returned on time, e.g. by means of a proof of shipment.
If the customer has not expressed his wish to exercise his right of withdrawal and/or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the consumer shall bear the costs of returning the products.
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 applies on condition that the product has already been returned to the entrepreneur or that conclusive evidence of complete return can be presented.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for certain products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before the contract was concluded.
Exclusion of the right of withdrawal is only possible for products:
● Which have been created by the contractor in accordance with consumer specifications.
Which are clearly personal in nature.
Which cannot be returned due to their nature.
Which are subject to rapid deterioration or obsolescence.
Whose price is subject to fluctuations in the financial market over which the trader has no influence.
● For individual newspapers and magazines.
For media and video recordings and computer software where the consumer has broken the seal.
For hygiene products whose seal has been broken by the consumer.
Article 9 - Price
During the period of validity specified 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.
Contrary to the previous paragraph, the contractor may offer products or services whose prices are subject to fluctuations in the financial market and over which the contractor has no influence, at variable prices. This link to fluctuations and the fact that all prices mentioned are indicative prices will be mentioned in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if the contractor has stipulated this and:
● They are the result of statutory regulations or provisions.
● The consumer has the right to terminate the contract from the date 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 the event of printing and typesetting errors, the contractor is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the laws, regulations and administrative provisions applicable on the day of the conclusion of the contract. 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 assert against the trader on the basis of the contract.
Any defective or incorrectly delivered products must be reported to the contractor in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each 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 a third party.
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the contractor and/or the packaging.
The defect is wholly or partly the result of regulations laid down or to be laid down by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The contractor shall take the greatest possible care when receiving and executing product orders.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly 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 fulfilled or can only be fulfilled in part, the consumer will be informed of this no later than 30 days after the order was placed. In such cases, the consumer is entitled to cancel the contract free of charge and to claim compensation.
In the event of termination in accordance with the previous paragraph, the contractor will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product proves impossible, the contractor will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.
The right of withdrawal cannot be excluded for replacement items. The costs of any return transport shall be borne by the contractor.
The risk of damage and/or loss of products shall remain with the contractor until the moment of delivery to the consumer or to a representative designated in advance and made known to the contractor, unless otherwise expressly agreed.
Article 12 - Duration of transactions: duration, termination, and extension
Termination
The consumer may terminate a contract for the regular supply of goods (including electricity) or services at any time, subject to the termination rules agreed and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time at the end of the fixed-term period in accordance with the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
● terminate at any time and shall not be limited to termination at a specific time or during a specific period;
● at least terminate them in the same manner as they were concluded by him;
● always terminate with the same notice period as the contractor has set for himself.
Extension
A fixed-term contract concluded for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular supply of daily, news, and weekly newspapers and magazines may be extended by implication for a fixed period not exceeding three months, if the consumer can terminate the renewed contract at the end of the extension period with a notice period not exceeding one month.
A fixed-term contract concluded for the regular supply of goods or services may only be extended by implication for an indefinite period if the consumer may terminate it at any time with a notice period of not more than one month and a notice period of not more than three months if the contract concerns the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) shall not be extended by tacit agreement and shall automatically terminate 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 there are reasonable and fair grounds for not terminating the contract before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer shall be paid within seven working days after the start of the cooling-off period referred to in Article 6.1.
In the case of a contract for the provision of a service, this period shall start after the consumer has received the confirmation of the contract.
The consumer is obliged to report any errors in the payment details provided or mentioned to the contractor immediately.
If the consumer fails to pay, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs that have been communicated to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the contractor within seven days of the consumer discovering the defects, in a complete and clear description.
Complaints submitted to the contractor must be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the contractor will respond within the 14-day period with a notice 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 which is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
If a complaint is considered justified by the contractor, the contractor shall, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Agreements between the contractor and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
This also applies if the consumer is resident abroad.