terms and conditions

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: A natural person who is not acting in the course of a trade or business and who enters into a distance contract with the trader.
Day: A calendar day.
 Continuing performance contract: A distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
Durable medium: Any means that enables the consumer or trader to store information addressed personally to them in a way that allows future reference 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 via distance selling.
 Distance contract: A contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: A means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time.

Terms and Conditions: The trader’s Terms and Conditions set out herein.
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 their right of withdrawal, they shall return the product with all accessories supplied and, where possible, in its original condition, in accordance with reasonable instructions from 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 stated before the distance contract is concluded that the general terms and conditions may 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, by way of derogation from 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 medium. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge by electronic means or by other means at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or are set aside, the agreement and these terms and conditions shall remain in force in all other respects, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the meaning of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed ‘in 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 must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer
If an offer is valid for a limited period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The trader is entitled to amend 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 enable 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 are not binding on the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
Product images are a true representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Every 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 costs of delivery.
The manner in which the contract will be concluded and the steps required to do so.
Whether or not the right of withdrawal applies.
The method of payment, delivery and performance of the contract.
The time limit for accepting the offer, or the period within which the trader guarantees the price.
The rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard basic rate for the means of communication used.
Whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer.
The manner in which the consumer, prior to concluding the contract, can check the information provided by them in the context of the contract and, if desired, correct it.
Any other languages in which, in addition to Dutch, the contract may be concluded.
The codes of conduct to which the trader is subject and the manner in which the consumer may 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.

Artikel 5 – De overeenkomst

De overeenkomst komt, onder voorbehoud van het bepaalde in lid 4, tot stand op het moment van aanvaarding door de consument van het aanbod en het voldoen aan de daarbij gestelde voorwaarden.

Indien de consument het aanbod langs elektronische weg heeft aanvaard, bevestigt de ondernemer onverwijld langs elektronische weg de ontvangst van de aanvaarding van het aanbod. Zolang de ontvangst van deze aanvaarding niet door de ondernemer is bevestigd, kan de consument de overeenkomst ontbinden.

Indien de overeenkomst elektronisch tot stand komt, treft de ondernemer passende technische en organisatorische maatregelen ter beveiliging van de elektronische overdracht van data en zorgt hij voor een veilige webomgeving. Indien de consument elektronisch kan betalen, zal de ondernemer daartoe passende veiligheidsmaatregelen in acht nemen.

De ondernemer kan zich – binnen wettelijke kaders – op de hoogte stellen of de consument aan zijn betalingsverplichtingen kan voldoen, evenals van alle feiten en factoren die van belang zijn voor een verantwoorde aangaan van de overeenkomst op afstand. Indien de ondernemer op grond van dit onderzoek goede gronden heeft om de overeenkomst niet aan te gaan, is hij gerechtigd gemotiveerd een bestelling of aanvraag te weigeren of aan de uitvoering bijzondere voorwaarden te verbinden.

De ondernemer zal bij het product of de dienst aan de consument de volgende informatie, schriftelijk of op zodanige wijze dat deze door de consument op een toegankelijke manier kan worden opgeslagen op een duurzame gegevensdrager, meesturen:

• Het bezoekadres van de vestiging van de ondernemer waar de consument met klachten terecht kan.

• De voorwaarden waaronder en de wijze waarop de consument van het herroepingsrecht gebruik kan maken, dan wel een duidelijke melding inzake het uitgesloten zijn van het herroepingsrecht.

• De informatie over garanties en bestaande service na aankoop.

• De in artikel 4 lid 3 van deze voorwaarden opgenomen gegevens, tenzij de ondernemer deze gegevens al aan de consument heeft verstrekt vóór de uitvoering van de overeenkomst.

• De vereisten voor opzegging van de overeenkomst indien de overeenkomst een duur heeft van meer dan één jaar of van onbepaalde duur is.

In geval van een duurtransactie is de bepaling in het vorige lid slechts van toepassing op de eerste levering. Iedere overeenkomst wordt aangegaan onder de opschortende voorwaarden van voldoende beschikbaarheid van de betreffende producten.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason.
This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the trader.
During the cooling-off period, the consumer shall handle the product and the 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 exercises his right of withdrawal, he shall return the product to the trader with all accessories supplied and – where reasonably possible – in its original condition and packaging, 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 of this within 30 days of receiving the product. The consumer must provide this notification by means of a written letter or email.
Once the consumer has notified the trader of their intention to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must provide proof that the goods have been returned in good time, for example by means of a proof of dispatch.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified the trader of their intention to exercise their right of withdrawal and/or has not returned the product to the trader, the sale is final.

Article 7 – Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the merchant 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 merchant or that conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal
The merchant 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 applies only if the merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
That have been created by the merchant in accordance with the consumer’s specifications.
That are clearly of a personal nature.
That, by their nature, cannot be returned.
That are liable to spoil or deteriorate rapidly.
Whose price is subject to fluctuations in the financial market over which the merchant has no influence.
For individual newspapers and magazines.
For media, video recordings, and computer software where the consumer has broken the seal.
For hygiene products where the consumer has broken the seal.

Article 9 – Price
During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the business may offer products or services whose prices are subject to fluctuations in the financial market and over which the business has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices will be mentioned in the offer.
Price increases within three months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases three months or more after the conclusion of the agreement are permitted only if the business has stipulated this and:
They result from statutory regulations or provisions.
The consumer has the right to terminate the agreement effective as of the day the price increase takes effect.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the business is not obligated 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 contract, the specifications set out in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is 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 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 trader in writing within 30 days of delivery. 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 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 themselves or had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in contravention of the trader’s instructions and/or those on the packaging.
The defectiveness is wholly or partly the result of regulations which the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Fulfilment
The trader shall exercise the utmost care when receiving and fulfilling orders for products.
Subject to the provisions of Article 4 of these general terms and conditions, the company shall fulfil accepted orders with due diligence but no later than 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 will be notified of this no later than 30 days after placing the order. In that 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 shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product proves impossible, the trader shall endeavour to provide a replacement item. No later than upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.
The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage to and/or loss of products shall remain with the trader until the moment of delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

Article 12 – Long-term contracts: duration, termination and renewal
Termination
The consumer may terminate a contract entered into for an indefinite period and relating to the regular supply 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 a contract entered into for a fixed term and relating to the regular supply of products (including electricity) or services at any time before 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 contracts referred to in the preceding paragraphs:
at any time and is not restricted to termination at a specific time or during a specific period;
at least in the same manner as they were entered into by the consumer;
always with the same notice period as the trader has stipulated for themselves.
Renewal
A contract entered into for a fixed term and relating to the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily newspapers, newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer may terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods 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 with a notice period of no more than three months if the contract relates to the regular, but less than once a month, delivery of daily newspapers, news papers, weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily newspapers, news papers, weekly newspapers and magazines for the purpose of familiarisation (trial or introductory subscription) shall not be tacitly renewed and shall end automatically upon expiry of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude 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 of the start of the cooling-off period as referred to in Article 6(1).
In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader shall, subject to statutory limitations, be entitled to charge the reasonable costs notified to the consumer in advance.

Article 14 – Complaints Procedure
Complaints regarding the performance of the contract must be submitted to the trader within seven days of the consumer becoming aware of the defects, and must be fully and clearly described.
Complaints submitted to the trader will be responded to within 14 days of the date of receipt.
If a complaint requires a foreseeable 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 will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
This applies even if the consumer is resident abroad