These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and order between the entrepreneur and the consumer.
Before a 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, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur’s premises and that they 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 it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, the consumer shall be informed where to find the terms and conditions electronically and that they will be sent free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the consumer may always invoke the applicable provision most favorable to them in the event of conflicting conditions.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms shall remain in force and the void or annulled provision will be replaced by a provision that most closely reflects the original intent.
Situations not covered by these terms shall be assessed "in the spirit" of these general terms and conditions. Uncertainties regarding the interpretation of one or more provisions shall also be interpreted "in the spirit" of these terms.
If an offer is of limited duration or subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Each offer includes such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes:
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. Until receipt is confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall implement appropriate technical and organizational security measures for electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, and inquire into other facts relevant to responsibly concluding the distance contract. If the entrepreneur has valid grounds not to enter into the agreement, they are entitled to refuse an order or attach special conditions.
Upon delivery of the product or service, the entrepreneur shall provide the following information in writing or on a durable data carrier:
In case of a duration transaction, the above applies only to the first delivery.
Every agreement is made under the suspensive condition of sufficient availability of the relevant products.
The consumer may dissolve the contract without giving any reason within 14 days, starting from the day after receiving the product. During the reflection period, the consumer shall handle the product and packaging with care and only unpack or use it as necessary to assess it. If exercising the right of withdrawal, the consumer shall return the product with all accessories in its original condition and packaging.
The consumer must notify the entrepreneur within 14 days of receipt of their wish to withdraw, using the model withdrawal form or another communication method, such as email. The product must be returned within 14 days after notification.
If the consumer fails to communicate withdrawal or return the product within these timeframes, the purchase is final.
In case of services, the consumer can dissolve the agreement within 14 days from the day of contract conclusion. The consumer must follow the reasonable and clear instructions provided by the entrepreneur.
If the consumer exercises their right of withdrawal, they shall bear the return shipping costs.
Any payments made by the consumer shall be refunded by the entrepreneur as soon as possible and no later than 14 days after withdrawal, provided the product has been returned or proof of return has been submitted. Refunds shall be made using the same payment method unless the consumer agrees to another method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value.
If the entrepreneur has not provided all legally required information regarding the right of withdrawal, the consumer shall not be liable for any diminished value of the product.
The entrepreneur may exclude the right of withdrawal for products and services as described in paragraphs 2 and 3, provided the entrepreneur clearly stated this in the offer or before contract conclusion.
During the validity period stated in the offer, product or service prices will not be increased, except for VAT rate changes.
Contrary to the above, the entrepreneur may offer variable prices for products or services whose prices depend on financial market fluctuations beyond their control. The offer shall state this.
Price increases within 3 months after contract conclusion are only allowed if due to legal regulations. After 3 months, increases are only allowed if agreed and the consumer may cancel the agreement effective from the date the increase applies.
All prices include VAT.
Typographical and printing errors are not binding. The entrepreneur is not obligated to deliver products based on erroneous pricing.
The entrepreneur guarantees that the products or services comply with the agreement, the specifications in the offer, reasonable quality and usability requirements, and legal provisions and regulations in effect on the date of contract conclusion. If agreed, the entrepreneur also guarantees suitability beyond normal use.
Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect legal rights and claims the consumer may assert under the agreement.
Defects or incorrect deliveries must be reported in writing within 2 months of discovery.
The entrepreneur’s warranty term is equal to the manufacturer’s warranty. The entrepreneur is never liable for product suitability for individual use or for usage advice.
Warranty does not apply if:
The entrepreneur shall exercise the utmost care when receiving and executing orders and when assessing service requests.
The place of delivery is the address provided by the consumer.
Subject to paragraph 4, the entrepreneur shall execute accepted orders promptly and within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or an order cannot be fulfilled or only partially, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from stated periods. Exceeding a term does not entitle the consumer to compensation.
Upon dissolution under paragraph 3, the entrepreneur shall refund any amount paid as soon as possible and no later than 14 days after dissolution.
If delivery of a product proves impossible, the entrepreneur shall make an effort to provide a replacement item. This will be stated clearly upon delivery. For replacement items, the right of withdrawal cannot be excluded, and return costs are at the entrepreneur’s expense.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated third party known to the entrepreneur, unless explicitly agreed otherwise.
The consumer may cancel an agreement for an indefinite period at any time with due observance of agreed termination rules and a notice period of no more than one month.
The consumer may cancel an agreement for a fixed term at the end of the term with a notice period of no more than one month.
The consumer may:
Fixed-term agreements for the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
By way of exception, fixed-term agreements for regular delivery of daily, news, and weekly newspapers or magazines may be tacitly renewed for up to three months, provided the consumer can cancel with one month’s notice.
Agreements for regular delivery of products or services may only be renewed indefinitely if the consumer may cancel at any time with one month's notice, or three months for less than monthly delivery of newspapers or magazines.
Trial or introductory subscriptions are not automatically extended and end after the trial period.
If an agreement lasts more than one year, the consumer may cancel after one year with a notice period of no more than one month unless reasonable and fair grounds prevent early termination.
Unless otherwise agreed, the amounts due by the consumer must be paid within 7 business days after the start of the withdrawal period. In the case of a service contract, this period starts after receipt of the confirmation of the contract.
The consumer must report inaccuracies in provided or stated payment data without delay.
If the consumer fails to meet their payment obligations, the entrepreneur has the right to charge the reasonable costs previously disclosed to the consumer, subject to legal limitations.
The entrepreneur has a well-publicized complaints procedure and handles complaints according to this procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation 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 entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If a complaint is justified, the entrepreneur shall replace or repair the delivered products free of charge at their discretion.
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
