General Terms and Conditions

General 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 their right of withdrawal.

  • Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.

  • Day: Calendar day.

  • Extended performance contract: A distance contract for a series of products and/or services, where the delivery and/or acceptance obligations are spread over time.

  • Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unaltered reproduction of the stored information are possible.

  • Right of withdrawal: The possibility for the consumer to waive the distance contract within the cooling‑off period.

  • Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.

  • Distance contract: A contract where, within the framework of a system organized by the entrepreneur for selling products and/or services at a distance, one or more means of distance communication are used exclusively up to and including the conclusion of the contract.

  • Means of distance communication: Any means that can be used to conclude a contract without the consumer and entrepreneur having met simultaneously in the same place.

  • Terms and Conditions: These present general terms and conditions of the entrepreneur.

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 reasons. During the cooling‑off period, the consumer will handle the product and its packaging with care.
If the consumer exercises their right of withdrawal, they will return the product, with all delivered accessories and, if reasonably possible, in its original condition, following reasonable instructions provided by the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before entering the contract that the terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, deviating from the previous paragraph and prior to concluding the contract, the text of these general terms and conditions may be provided electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.
If, in addition to these general terms and conditions, specific product‑ or service‑specific terms apply, paragraphs 2 and 3 apply mutatis mutandis, and in case of conflicting general terms, the consumer may always rely on the provision most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled, the remainder of the terms and the contract remain in force, and the void provision will be replaced without delay through mutual agreement by a provision that approximates the intention of the original as much as possible.
Situations not regulated by these general terms and conditions shall be interpreted in the spirit of these general terms and conditions. Ambiguities in 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 will be explicitly stated in the offer. The offer is non‑binding. The entrepreneur reserves the right to modify and amend 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 assess the offer properly.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains sufficient information to ensure the consumer clearly understands the rights and obligations associated with accepting the offer. This includes in particular:

  • Any shipping 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 performance of the contract.

  • The period for acceptance of the offer, or the period during which the entrepreneur guarantees the price.

  • The amount of the rate for distance communication if the cost of using the communication method is calculated on a basis other than the regular basic rate of the used communication channel.

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

  • How the consumer can check and, if desired, correct the data they provide in the context of the contract before concluding the agreement.

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

  • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these electronically.

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

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

Article 5 – The Contract
The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the stipulated conditions.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this receipt is not confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If electronic payment is possible, the entrepreneur will apply appropriate security measures.
Within the limits of the law, the entrepreneur may investigate whether the consumer can fulfill their payment obligations, as well as any facts and factors relevant to responsibly entering into the contract. If, as a result of this investigation, the entrepreneur has good grounds not to enter into the contract, the entrepreneur may refuse an order or application with reasoning or make its execution subject to special conditions.
When delivering the product or service, the entrepreneur shall provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • The visiting address of the entrepreneur’s establishment where the consumer can file complaints.

  • The conditions under which and how the consumer can exercise the right of withdrawal, or a clear indication that it is excluded.

  • Information about guarantees and existing after‑sales service.

  • The information referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this before executing the contract.

  • Requirements for termination of the contract if it has a duration of more than one year or is of indefinite duration.
    In case of an extended performance contract, the previous paragraph applies only to the first delivery. Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal (Purchase of Products)
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days.
This cooling‑off period starts the day after the goods are received by the consumer or a pre‑designated, entrepreneur‑known representative.
During the cooling‑off period, the consumer shall handle the product and packaging carefully. The product shall only be unpacked or used to the extent necessary to judge whether they wish to keep it.
If exercising the right of withdrawal, the consumer shall return the product with all accessories and, if reasonably possible, in its original condition and packaging, following the entrepreneur’s reasonable and clear instructions.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur in writing or by email within 30 days of receipt of the product.
After notifying the intention to withdraw, the consumer must return the product within 30 days. The consumer must prove timely return, for example by providing shipping proof.
If the consumer does not notify the entrepreneur of the intention to withdraw and/or fails to return the goods within the periods specified, the sale becomes binding.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, they bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will repay it as soon as possible, but no later than 30 days after withdrawal, provided the product is received or proof of complete return is provided.

Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. Such an exclusion only applies if the entrepreneur clearly stated it in the offer or in time before the contract was concluded.
The right of withdrawal may be excluded only for products:

  • Created to the consumer’s specifications.

  • Clearly personalized.

  • That cannot be returned due to their nature.

  • That may quickly spoil or become outdated.

  • Whose price is tied to fluctuations in a financial market beyond the entrepreneur’s control.

  • For loose newspapers and magazines.

  • For media, video recordings, and computer software whose seal the consumer has broken.

  • For hygienic products whose seal the consumer has broken.

Article 9 – Price
During the specified validity period, the prices of offered products and/or services will not be increased, except due to changes in VAT rates.
As a deviation, the entrepreneur may offer products or services with variable prices linked to fluctuations on a financial market beyond their control. Such linkage and the fact that any stated price is indicative will be stated in the offer.
Price increases within three months of contract conclusion are only permitted if due to statutory regulations or provisions.
Price increases after three months are permitted only if stipulated by the entrepreneur and:

  • are due to statutory regulations or provisions, or

  • the consumer may terminate the contract with effect from the date the price increase applies.
    All prices are subject to typographical and printing errors. The entrepreneur is not liable for consequences. In case of such errors, the entrepreneur is not required to deliver at the erroneous price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and/or services conform with the contract, the specifications in the offer, reasonable requirements of durability and usability, and legal provisions and/or government regulations in effect on the date of contract conclusion. If agreed, the entrepreneur also guarantees suitability for non‑standard use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.
Any defects or wrongly delivered products must be reported in writing within 30 days of delivery. Returns must be made in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds with the manufacturer’s warranty. However, the entrepreneur is never responsible for the ultimate suitability of the products for the consumer's individual use or for any advice regarding use or application.
The warranty does not apply if:

  • The consumer has repaired or altered the product themselves or through third parties.

  • The product was exposed to abnormal conditions or mishandled or used contrary to instructions from the entrepreneur or packaging.

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

Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders.
With due observance of Article 4, the company will execute accepted orders promptly but no later than within 30 days, unless a longer delivery period is agreed by the consumer.
If delivery is delayed, or if only partial fulfillment is possible, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract at no cost and is entitled to compensation.
In case of cancellation under the previous clause, the entrepreneur will repay the paid amount as soon as possible, but no later than 30 days after cancellation.
If delivery appears impossible, the entrepreneur will endeavor to offer a replacement. At the time of delivery, the consumer will be informed clearly and understandably if a replacement is supplied.
No right of withdrawal may be excluded for replacement goods. Return costs are the entrepreneur’s responsibility.
Risk of damage and/or loss rests with the entrepreneur until delivery to the consumer or their designated representative, unless explicitly agreed otherwise.

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

  • For indefinite-term contracts for regularly delivered products (including electricity) or services, the consumer may terminate at any time observing agreed cancellation rules and a maximum one‑month notice period.

  • For fixed-term contracts for regularly delivered products or services, the consumer may terminate at any time at the end of the fixed term observing agreed cancellation rules and a maximum one‑month notice period.

  • The consumer may terminate:

    • at any time and is not limited to a specific time or period;

    • in the same manner as they entered the contract;

    • always with the same notice period as the entrepreneur has reserved.
      Renewal

  • A fixed-term contract for regularly delivered products or services must not be tacitly renewed for a fixed term.

  • Exceptionally, a fixed-term contract for regularly delivered daily, news, or weekly papers, magazines, and periodicals may be tacitly renewed for a fixed term not exceeding three months if the consumer can terminate at the end of the renewal with no more than one‑month notice.

  • A fixed-term contract for regularly delivered products or services may be tacitly renewed for indefinite duration only if the consumer may terminate at any time with no more than one‑month notice (or up to three months for the latter case).

  • A trial or introductory subscription for periodicals is not tacitly continued and ends automatically after the trial period.

Duration
If a contract has a duration of more than one year, the consumer may terminate at any time after one year with a notice period of at most one month, unless fairness and reasonableness 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 days after the cooling‑off period begins as referred to in Article 6(1).
For a service contract, this period starts after the consumer receives confirmation of the agreement.
The consumer must promptly report any inaccuracies in payment details provided.
In cases of consumer default, the entrepreneur may, within legal limits, charge reasonable, pre‑notified costs.

Article 14 – Complaints Procedure
Complaints regarding performance of the contract must be lodged by the consumer with a full and clear description within seven days after discovering the defects.
Complaints submitted will be answered within 14 days from receipt.
If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and indicate when a more detailed response can be expected.
If the complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
If the complaint is found valid by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
All contracts between entrepreneur and consumer to which these terms and conditions apply are governed exclusively by Dutch law.
This also applies if the consumer resides abroad.