Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period during 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 trader.
Day: Calendar day.
Extended transaction: A distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time.
Durable medium: Any instrument which enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility 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 a system organised by the trader for the distance sale of products and/or services, whereby 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 method that can be used to conclude a contract without the consumer and trader being in the same place at the same time.
Terms and Conditions: These present Terms and Conditions of the trader.

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 shall handle the product and its packaging with care.

If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the trader.

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader and the consumer.

Before the distance contract is concluded, the text of these 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 Terms and Conditions can be inspected at the trader’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 Terms and Conditions may be provided 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 before the distance contract is concluded where the Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.

If, in addition to these Terms and Conditions, specific product or service conditions also apply, 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 conditions.

If one or more provisions in these Terms and Conditions are at any time wholly or partially invalid or annulled, the contract and the remaining provisions of these Terms and Conditions shall remain in force. The relevant provision shall be replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. The trader is entitled to modify 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 allow the consumer to properly assess the offer.

If the trader uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

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 truthful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual 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 shipping costs.

  • The manner in which the contract will be concluded and which actions are required for this.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery and performance of the contract.

  • The period for accepting the offer or the period during which the trader guarantees the price.

  • The level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used.

  • Whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer.

  • The way in which the consumer can check and, if necessary, correct the information provided by them before concluding the contract.

  • Any languages in which, in addition to Dutch, the contract may be concluded.

  • The codes of conduct to which the trader is subject and the way the consumer can consult these codes of conduct electronically.

  • The minimum duration of the distance contract in the case of an extended transaction.

Optional: available sizes, colours, types of materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the trader shall observe appropriate security measures.

Within legal frameworks, the trader may verify whether the consumer is able to fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has reasonable grounds not to enter into the contract, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.

The trader shall provide the consumer with the following information with the product or service, in writing or in such a way that the consumer can store it on a durable medium in an accessible manner:

  • The visiting address of the trader’s establishment where the consumer may submit complaints.

  • The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

  • Information regarding guarantees and existing after-sales services.

  • The information included in Article 4 paragraph 3 of these Terms and Conditions, unless the trader has already provided this information before the execution of the contract.

  • 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 an extended 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 relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 30 days.

This cooling-off period commences on the day after the consumer, or a representative designated by the consumer and known to the trader, receives the product.

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

If the consumer exercises the right of withdrawal, the product must be returned to the trader with all supplied accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 30 days of receiving the product. The notification must be made by means of a written message or email.

After the consumer has indicated that they wish to exercise the right of withdrawal, the product must be returned within 30 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.

If the consumer has not notified the trader of their intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3 and/or has not returned the product to the trader, the purchase shall be considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products 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 the withdrawal, provided that the product has already been received by the trader or conclusive proof of full return shipment has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The trader 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 trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.

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

  • That have been created by the trader according to the consumer’s specifications.

  • That are clearly personal in nature.

  • That by their nature cannot be returned.

  • That can spoil or become outdated quickly.

  • Whose price is subject to fluctuations in the financial market over which the trader has no influence.

  • For individual 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 validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases after three months following the conclusion of the agreement are only permitted if the trader has stipulated this and:

  • They result from statutory regulations or provisions; or

  • The consumer has the right to terminate the agreement with effect from the day on which 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 trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded.

If agreed, the trader also guarantees that the product is suitable for uses other than normal use.

Any guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader under the agreement.

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

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for every 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 themselves or has had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the trader and/or the instructions on the packaging.

  • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The trader shall observe the greatest possible care when receiving and executing orders for products.

Taking into account what is stated in Article 4 of these Terms and Conditions, the company shall execute accepted orders with due speed 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 be fulfilled or can only be partially fulfilled, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to possible 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 dissolution.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the trader.

The risk of damage and/or loss of products remains with the trader until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the trader, unless explicitly agreed otherwise.

Article 12 – Extended Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate an agreement concluded for a fixed period that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.

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

  • At any time and not be limited to termination at a specific time or during a specific period.

  • At least in the same manner as they were concluded by the consumer.

  • With the same notice period as the trader has stipulated for themselves.

Renewal

An agreement concluded for a fixed period that extends to the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed period.

Notwithstanding the previous paragraph, an agreement concluded for a fixed period for the regular delivery of daily, news and weekly newspapers and magazines may be automatically renewed for a fixed period of a maximum of three months, provided that the consumer may terminate this renewed agreement towards the end of the renewal with a notice period not exceeding one month.

An agreement concluded for a fixed period for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a notice period not exceeding one month, and a notice period not exceeding three months if the agreement concerns the regular delivery of daily, news and weekly newspapers and magazines less than once per month.

An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be automatically continued and shall end automatically after the trial or introductory period.

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 not exceeding 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 cooling-off period referred to in Article 6 paragraph 1 has commenced.

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 is obliged 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 regarding the performance of the agreement must be submitted to the trader within seven days after the consumer has discovered the defects, fully and clearly described.

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 acknowledgement 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 trader’s obligations 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

Contracts between the trader and the consumer to which these Terms and Conditions apply shall be governed exclusively by Dutch law.

This also applies if the consumer resides abroad.