General terms and conditions of business

Article 1 – Definitions

In these terms and conditions the following terms are understood:

Cooling-off period: The period within which the consumer can exercise his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of his or her professional or commercial activity and who concludes a distance contract with the trader.
Day: Calendar day.
Continuing contract: A distance contract for a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time.
Durable medium: any means that enables the consumer or trader to store information addressed personally to him in a way that allows later retrieval and unchanged reproduction.
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 in which, within the framework of a system organised by the trader for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to the conclusion of the contract.
Distance communication technique: means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.
General Terms and Conditions: These General Terms and Conditions of the Entrepreneur.

Article 2 – Right of withdrawal

The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and its packaging with care.
If the consumer exercises his right of withdrawal, he shall return the product with all supplied accessories and, if possible, in its original condition, in accordance with the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the Entrepreneur and to every distance contract concluded and every order placed between the Entrepreneur and the Consumer.

Before concluding the distance contract, the consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, the trader will indicate before concluding the distance contract that the general terms and conditions are available for inspection at the trader's premises and will be sent free of charge as soon as possible upon request.

If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the conclusion of the distance contract where the general terms and conditions can be viewed electronically and that they will be provided electronically or by other means free of charge upon request.

In the event that specific product or service conditions apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of conflicting General Terms and Conditions, the consumer may always rely on the provision most favourable to him.

Should one or more provisions of these General Terms and Conditions be or become invalid at any time, in whole or in part, the remainder of the contract and these terms and conditions shall remain in effect and the provision in question shall be replaced by mutual agreement without delay by a provision that comes as close as possible to the meaning of the original provision.

Situations not regulated by these General Terms and Conditions shall be interpreted "in accordance with the spirit" of these General Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our Terms and Conditions shall be interpreted "in accordance with 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 certain conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt 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 assess the offer.

If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding for the entrepreneur.

All illustrations and specifications in the offer are non-binding and cannot give rise to any compensation or termination of the contract.

The product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors depicted exactly match the actual colors of the products.

Every offer contains information that clearly indicates to the consumer the rights and obligations associated with accepting the offer. This applies in particular to:

• Any shipping costs.
• The manner in which the contract is concluded and what actions are required for this.
  
• The applicability or non-applicability of the right of withdrawal.
  
• The method of payment, delivery and execution of the contract.
  
• The period for acceptance of the offer or the period within which the trader guarantees the price.
  
• The amount of the charges for long-distance communication where the costs for using the long-distance communication technology are calculated on a basis other than the regular basic tariff for the means of communication used.
  
• Whether the contract is archived after its conclusion and, if so, how it is accessible to the consumer.
  
• The manner in which the consumer can check and, where appropriate, correct the data he has provided under the contract before concluding the contract.
  
• The other languages ​​in which the contract can be concluded besides Dutch.
  
• The codes of conduct to which the trader has submitted and the manner in which the consumer can consult those codes of conduct electronically.
  
• The minimum term of the distance contract in the case of a continuing contract.

Optional: available sizes, colors, material types.

Article 5 – The Treaty

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached thereto.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

The trader may – within the legal framework – obtain information about the consumer's ability to meet their payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this assessment, the trader has good reason not to conclude the contract, they are entitled to refuse an order or request, stating their reasons, or to make the execution subject to special conditions.

The trader shall provide the consumer with the following information together with the product or service, in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible format:

• The visiting address of the trader’s branch to which the consumer can address complaints.
  
• The conditions under which and the manner in which the consumer may exercise his right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal.
  
• Information about warranties and existing after-sales customer service.
  
• The information contained in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer before the conclusion of the contract.
  
• The conditions for termination of the contract if the contract has a term of more than one year or an indefinite term.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is concluded subject to the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to withdraw from the contract within 30 days without giving any reason.

This withdrawal period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to the trader.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

If he exercises his right of withdrawal, he will return the product to the entrepreneur with all supplied accessories and – as far as reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days of receiving the product. The consumer must notify the entrepreneur in writing or by email.

After exercising their right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned in a timely manner, for example, by providing proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the entrepreneur that he wishes to exercise his right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is concluded.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall 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 30 days after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for certain 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 his offer, at least in good time before the conclusion of the contract.

The exclusion of the right of withdrawal is only possible for products:

• Which were manufactured by the trader according to the consumer’s specifications.
  
• Which are clearly of a personal nature.
  
• Which cannot be returned due to their nature.
  
• Which can quickly spoil or become outdated.
  
• Their price depends on fluctuations in the financial market over which the entrepreneur has no influence.
  
• For individual newspapers and magazines.
  
• For media and video recordings as well as computer software whose seal has been broken by the consumer.
  
• For hygiene products whose seal has been broken by the consumer.
  

Article 9 – The price

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

By way of derogation from the previous paragraph, the trader may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market and over which the trader has no control. This dependence on fluctuations and the fact that the stated prices are indicative prices will be stated in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they are due to legal regulations or provisions.

Price increases from three months after conclusion of the contract are only permissible if the entrepreneur has agreed to this and:

• These are the result of legal regulations or provisions.
  
• The consumer has the right to terminate the contract with effect from the day on which the price increase comes into effect.
  

All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obligated 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, the reasonable requirements of suitability and/or usability, and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the retailer in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty. However, the entrepreneur is under no circumstances liable for the suitability of the products for the specific individual use by the consumer or for any recommendations regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties.
  
• The delivered products have been exposed to abnormal conditions or otherwise handled improperly or contrary to the instructions of the entrepreneur and/or on the packaging.
  
• The defect is due in whole or in part to regulations which the Government has made or may make with regard to the nature or quality of the materials used.
  

Article 11 – Delivery and execution

The entrepreneur will exercise the utmost care when accepting and executing product orders.

Subject to the provisions of Article 4 of these General Terms and Conditions, the Company will execute accepted orders as quickly as possible, but no later than 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 partially fulfilled, the consumer will be informed no later than 30 days after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.

In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible and at the latest within 30 days after termination.

If delivery of an ordered product is impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, the customer will be clearly and comprehensibly informed that a replacement item will be delivered.

The right of withdrawal cannot be excluded for replacement items. Any return shipping costs are 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 expressly agreed otherwise.

Article 12 – Standing transactions: duration, termination and extension

Termination

The consumer may terminate a contract for the regular supply of products (including electricity) or services of indefinite duration at any time, subject to compliance with the agreed termination conditions 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 agreed term, subject to compliance with the agreed termination conditions and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

• can be terminated at any time and are not limited to termination at a specific time or within a specific period;
  
• be able to terminate the contract at least in the same way as they concluded it;
  
• can always terminate with the same notice period that the entrepreneur has set for himself.
  

extension

A contract concluded for a specific period of time and for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specific period.

By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a specific period of time not exceeding three months if the consumer may terminate that renewed contract at the end of the renewed period subject to a notice period of not more than one month.

A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract provides for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily, news and weekly newspapers as well as magazines (trial or introductory subscription) will not be tacitly renewed and will end automatically after the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer shall be paid within seven working days of the start of the cooling-off period referred to in Article 6(1).

In the case of a contract for the provision of services, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment data provided or mentioned.

In case of default of payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the consumer the reasonable costs previously notified.

Article 14 – Complaints procedure

Complaints about the execution of the contract must be submitted to the entrepreneur in full and clearly described form within seven days of the consumer discovering the defects.

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

If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved amicably, a dispute arises which is subject to the dispute resolution rules.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If a complaint is considered well-founded by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

This also applies if the consumer is resident abroad.