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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 within which the consumer may exercise their right of withdrawal. Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the trader. Day: Calendar day. Continuing performance contract: A distance contract relating to a series of products and/or services, of which the supply and/or purchase obligation is spread over time. Durable medium: Any means that enables the consumer or trader to store information that is addressed to them personally 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 cooling-off period. Trader: The natural or legal person who offers products and/or services to consumers at a distance. Distance contract: A contract concluded within the framework of an organised system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded. Means of distance communication: A means that can be used for concluding a contract, without the consumer and the trader having to be together in the same place at the same time. Terms and Conditions: These General Terms and Conditions of the trader.

Article 2 – Right of Withdrawal The consumer has the right to withdraw from the agreement within a period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and packaging with care. If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with the reasonable instructions provided by the trader.

Article 3 – Applicability These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader 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 are available for inspection at the trader's premises and will be sent free of charge to the consumer upon request. If the distance contract is concluded electronically, 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 medium. If this is not reasonably possible, it shall be indicated where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting terms. If one or more provisions of these general terms and conditions are at any time wholly or partly null and void or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the provision in question shall be replaced promptly by mutual agreement with a provision that approximates the original as closely as possible. Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions. Any ambiguities about the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. The trader 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 make a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader. All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a true representation of the offered products. The trader cannot guarantee that the colours shown exactly match 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 includes in particular:

Any delivery costs.
The manner in which the contract will be concluded and the actions required.
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 trader guarantees the price.
The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular base rate for the communication method used.
Whether the agreement will be archived after conclusion, and if so, how the consumer can consult it.
The way the consumer can check and, if necessary, correct the information provided in the context of the agreement.
Any other languages in which the agreement can be concluded in addition to Dutch.
The codes of conduct the trader has submitted to and how the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of a continuing performance contract.
Optional: available sizes, colours, types of materials.

Article 5 – The Agreement The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the associated conditions. 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 trader, the consumer may dissolve the agreement. If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures. The trader may – within legal frameworks – obtain information about the consumer's ability to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the trader has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or application or to attach special conditions to its execution. The trader shall provide the following information to the consumer, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

The address of the trader's establishment where the consumer can lodge complaints.
The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information on guarantees and existing after-sales services.
The information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the consumer 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 continuing performance contract, the provision in the previous paragraph only applies to the first delivery. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for a period of 30 days. This cooling-off period starts on the day after the product is received 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 packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader within 30 days of receiving the product. Notification must be made in writing or by email. After the consumer has expressed their wish to exercise the right of withdrawal, the product must be returned within 30 days. The consumer must provide proof that the goods were returned on time, for example with a proof of shipment. If the consumer has not expressed the wish to exercise the right of withdrawal within the periods specified in paragraph 2 and 3 and/or has not returned the product to the trader, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal If the consumer exercises the right of withdrawal, the return shipping costs shall be borne by the consumer. If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition for this refund is that the product has already been returned or conclusive evidence of the complete return has been provided.

Article 8 – Exclusion of Right of Withdrawal The trader may exclude the consumer's right of withdrawal for certain products as specified in paragraph 2 and 3. Exclusion of the right of withdrawal is only possible if the trader clearly states this in the offer, or at least in good time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products:

That are made to the consumer's specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That spoil or age quickly.
Whose price depends on fluctuations in the financial market beyond the trader’s control.
Single newspapers and magazines.
Audio and video recordings and computer software with broken seals by the consumer.
Hygienic products with broken seals by the consumer.

Article 9 – The Price During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and beyond the trader's control at variable prices. These fluctuations and the fact that any indicated prices are target prices shall be stated in the offer. Price increases within three months after the conclusion of the contract are only permitted if they result from legal regulations or provisions. Price increases from three months after the conclusion of the contract are only permitted if the trader has stipulated it and:

They result from legal regulations or provisions; or
The consumer has the right to terminate the agreement from 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 case of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty The trader warrants 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 legal provisions and/or government regulations on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use. Any warranty provided by the trader, manufacturer, or importer shall not affect the consumer’s statutory rights and claims under the agreement against the trader. Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days after delivery. Products must be returned in their original packaging and in new condition. The trader’s warranty period corresponds to the factory warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual use 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 themselves or had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the trader and/or the packaging.
The defectiveness 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 trader shall exercise the utmost care when receiving and executing orders for products. Subject to what is stated in Article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed and at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed about this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation. In the event of dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after the dissolution. If delivery of an ordered product proves to be impossible, the trader shall make an effort to provide a replacement item. It shall be clearly and comprehensibly stated at the time of delivery that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the trader. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal Termination The consumer may terminate an agreement that was concluded for an indefinite period and that aims at the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may terminate a fixed-term contract that aims at the regular delivery of products (including electricity) or services at any time by the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may:

terminate the agreements mentioned above at any time and not be restricted to termination at a specific time or in a specific period;
at least terminate them in the same manner as they were entered into by the consumer;
always terminate with the same notice period as the trader has stipulated for themselves.

Renewal A fixed-term contract that was concluded for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term. By way of derogation from the previous paragraph, a fixed-term contract that was concluded for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer may terminate this extended contract by the end of the renewal with a notice period of no more than one month. A fixed-term contract that was concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract is about the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. A limited duration contract for the regular introduction of daily, news, and 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 no more than 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 must be paid within seven working days after the commencement of the cooling-off period 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. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay. In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure Complaints about the performance of the contract must be submitted to the trader within seven days, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgment 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 that is subject to the dispute resolution procedure. A complaint does not suspend the obligations of the trader unless the trader indicates otherwise in writing. If a complaint is found to be justified by the trader, the trader shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes Only Dutch law applies to agreements between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.