General terms and conditions

Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

  • Consumer: the natural person who does not act in the exercise of a profession or business and 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, the supply and/or purchase obligation of which is spread over time.

  • Durable data carrier: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered 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: an agreement concluded within the framework of a system organized by the trader for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.

  • Technique for distance communication: means that can be used to conclude an agreement, without the consumer and trader being together in the same place at the same time.

  • Terms and Conditions: these present General Terms and Conditions of the trader.

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 shall handle the product and its packaging with care.
If the consumer exercises the right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with 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 and order concluded between trader and 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, the trader shall indicate, before the distance contract is concluded, that the terms and conditions can be inspected at the trader’s premises and will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph, be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.
If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting conditions the consumer may always rely on the provision most favorable to them.
If one or more provisions of these terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement and these conditions shall remain in force, and the provision concerned shall be replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.
Situations not regulated by these terms and conditions shall be assessed in the spirit of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions shall be explained in the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under conditions, this will be explicitly stated. 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 offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
If the trader uses images, these shall be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer are not binding on the trader.
All images and specifications are indicative and cannot be a reason for compensation or dissolution of the contract.
Product images are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information for the consumer to clearly understand the rights and obligations attached to acceptance of the offer, such as:

  • Any shipping costs.

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

  • Whether or not the right of withdrawal applies.

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

  • The period for acceptance of the offer, or the period within which the trader guarantees the price.

  • The rate for distance communication if it differs from the basic rate.

  • Whether the agreement will be archived and how it can be accessed by the consumer.

  • How the consumer can check and, if desired, correct the information provided before the contract is concluded.

  • Any other languages in which the agreement can be concluded.

  • The trader’s code of conduct(s) and how the consumer can consult them electronically.

  • The minimum duration of the distance contract in the case of a continuing performance contract.

  • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.
The trader may – within the limits of the law – verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the trader has valid reasons not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to its execution.
The trader shall send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it on a durable data carrier:

  • The trader’s business address where the consumer can lodge complaints.

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

  • Information on warranties and after-sales service.

  • The information set out in Article 4 paragraph 3, unless this information has already been provided before performance of the contract.

  • The conditions for termination of the agreement if it 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 applies only to the first delivery. Each agreement is entered into subject to sufficient availability of the products concerned.

Article 6 – Right of Withdrawal (Products)

When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 30 days.
This period starts on the day after the consumer, or a representative designated in advance by the consumer and notified to the trader, has received the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall 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 its original condition and packaging, in accordance with the trader’s reasonable and clear instructions.
If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 30 days after receiving the product, by written statement or email.
After notification, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example with a proof of shipment.
If, after the deadlines mentioned above, the consumer has not notified the trader of their wish to exercise the right of withdrawal and/or has not returned the product, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost 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 withdrawal, provided that the product has already been received by the trader or conclusive evidence of 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 described in paragraphs 2 and 3. Exclusion is only possible if this was clearly stated in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:

  • Made to the consumer’s specifications.

  • Clearly personal in nature.

  • Which, by their nature, cannot be returned.

  • Which can spoil or age quickly.

  • Whose price depends on fluctuations in the financial market beyond the trader’s control.

  • Single issues of newspapers and magazines.

  • Audio or video recordings and computer software of which the seal has been broken by the consumer.

  • Hygienic products of which the seal has been broken 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 changes in VAT rates.
In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market, and which the trader cannot influence, at variable prices. This dependence on fluctuations and the fact that any prices given are guide 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 statutory regulations or provisions.
Price increases from three months after the conclusion of the contract 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 contract 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 such errors. In case of errors, the trader 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 agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations at the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
Any warranty 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 agreement.
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 warranty period provided by the trader corresponds to the manufacturer’s warranty period. The trader is never responsible for the ultimate suitability of the products for each 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 themselves, or had them repaired and/or modified by third parties.

  • The delivered products have been exposed to abnormal conditions, treated carelessly, or used contrary to the trader’s instructions or those on the packaging.

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

Article 11 – Delivery and Performance

The trader shall exercise the greatest possible care when receiving orders and executing product deliveries.
With due observance of what is stated in Article 4, the company shall execute accepted orders with due speed but at least within 30 days, unless a longer delivery period has been agreed.
If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed no later than 30 days after placing the order. In such case, the consumer has the right to dissolve the agreement free of charge and the right to compensation, if applicable.
In case 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 an 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 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 designated in advance and notified to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract involving the regular delivery of products (including electricity) or services at the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to above:

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

  • In the same manner as they were concluded.

  • Always with the same notice period that the trader has stipulated for themselves.

Renewal
A fixed-term contract involving the regular delivery of products or services may not be tacitly renewed or extended for a fixed period.
By way of exception, a fixed-term contract involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
A fixed-term contract involving 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 if the agreement involves the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
A limited duration contract for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) shall not be tacitly continued and shall automatically end 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, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to promptly report inaccuracies in payment details provided or stated to the trader.
In case of non-payment by the consumer, the trader, subject to legal restrictions, has the right to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted fully and clearly described to the trader within seven days after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within 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 reply.
If a 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 justified by the trader, the trader shall, at their option, replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.
This applies even if the consumer resides abroad.