General terms and Conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: The period within which the consumer may exercise the right of withdrawal.
Consumer: The natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Extended transaction: 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 addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The option for the consumer to withdraw from the distance contract within the reflection 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 distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Technique for distance communication: A means that can be used to conclude a contract without the consumer and entrepreneur being present in the same place at the same time.
General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a reflection period of 30 days without stating reasons. During the reflection period, the consumer shall handle the product and packaging with care.
If the consumer makes use of the right of withdrawal, he shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with 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 and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to 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 them on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Uncertainties 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 conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to amend 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 a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors 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:
– Any shipping costs.
– The manner in which the agreement will be concluded and which actions are required for this.
– Whether or not the right of withdrawal applies.
– The method of payment, delivery, and execution of the agreement.
– The period for accepting the offer or the period within which the entrepreneur guarantees the price.
– The level of the tariff 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 conclusion and, if so, how it can be accessed by the consumer.
– The manner in which the consumer can review and, if desired, correct the data provided by him in the context of the agreement prior to concluding the agreement.
– Any other languages in which, in addition to Dutch, the agreement may be concluded.
– The codes of conduct to which the entrepreneur has submitted himself and the manner in which the consumer can consult these codes of conduct electronically.
– The minimum duration of the distance contract in the event of an extended transaction.
Optional: available sizes, colors, types 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 fulfills the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
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 is able to pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within the legal framework, investigate whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
The entrepreneur shall provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
– The visiting address of the entrepreneur’s establishment where the consumer can submit 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.
– Information about 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 this data to the consumer before 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 an extended transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 30 days.
This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the reflection period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
If he makes use of his right of withdrawal, he shall return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 30 days after receipt of the product. The consumer must notify the entrepreneur by means of a written message or email.
After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to make use of his right of withdrawal and/or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in Case of Withdrawal
If the consumer makes use of 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 shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment 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 shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
– That have been created by the entrepreneur in accordance with the consumer’s specifications.
– That are clearly personal in nature.
– That cannot be returned due to their nature.
– That deteriorate or age quickly.
– Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
– For single newspapers and magazines.
– For audio 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 period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from 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 over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
– They are the result of statutory regulations or provisions; or
– The consumer has the authority to terminate the agreement as of the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous 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, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Returned products must be in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor 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 himself 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 treated contrary to the instructions on the packaging.
– The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care in receiving and executing orders for products.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed 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 executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In such case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.
With replacement items, 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 designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Extended Transactions: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
– at any time and is not limited to termination at a specific time or during a specific period;
– at least in the same manner as they were entered into by him;
– always with the same notice period as the entrepreneur has stipulated for himself.

Renewal
An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can terminate the renewed agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it 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 agreement provides for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
An agreement of limited duration intended for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period has ended.

Duration
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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the commencement of the reflection period as referred to in Article 6 paragraph 1.
In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has identified the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur shall 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 by mutual agreement, a dispute arises that is subject to the dispute resolution 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 shall, at her discretion, 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 relate.
This also applies if the consumer resides abroad.