Terms and conditions
General Terms and Conditions Article 1 - Definitions In these terms and conditions, the following definitions shall apply
By:
Reflection period: the period within which the consumer can make use of his
Right of withdrawal; Consumer: the natural person who is not acting in the exercise of
exercise of profession or business and enters into a distance contract with the trader; Day: calendar day; Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally, in a way that makes future consultation and unaltered reproduction of the stored information 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 to consumers at a distance; Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication; Technique for communication at
distance: means that can be used to conclude an agreement,
without the consumer and entrepreneur being in the same room simultaneously
together. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 3 - Applicability These general conditions apply to every
offer of the entrepreneur and to any distance contract concluded
and orders between entrepreneur and consumer. Before the remote agreement
distance is concluded, the text of these general conditions to the
consumer made available. If this is not reasonably possible, before
the distance contract is concluded, be indicated that the general
conditions at the entrepreneur to see and they are at the consumer's request
be sent free of charge as soon as possible. If the remote agreement
distance is concluded electronically, notwithstanding the previous paragraph and before the
distance contract is concluded, the text of these general conditions
electronically to the consumer be made available in
such a way that it can be easily stored by the consumer on a durable medium.
stored on a durable medium. If this is not reasonably possible
is, before the distance contract is concluded, will be indicated
where the general conditions can be viewed electronically and
taken note of and that at the request of the consumer. electronically or
otherwise will be sent free of charge. In case in addition to
these general conditions also specific product or service conditions
apply, the second and third paragraph applies accordingly and
In the event of conflicting general conditions, the consumer may always
rely on the applicable provision that is most favorable to him. If one
or more provisions in these general conditions at any time fully or partially
partially void or destroyed, then the agreement and these
conditions shall otherwise remain in force and the provision concerned shall in mutual
replaced without delay by a provision that comes as close as possible to the meaning of the original provision.
original provision as closely as possible. Situations not covered by these general
should be judged 'in the spirit' of these general conditions.
general terms and conditions. Uncertainties about the interpretation or content of one or more
provisions of our terms and conditions are to be interpreted 'in the spirit
spirit' of these general conditions.
Article 4 - The offer If an offer has a limited period of validity or occurs
is made subject to conditions, this will be explicitly stated in the offer. The
offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
adjustments. The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficiently detailed to
to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images are a
truthful representation of the products and / or services offered.
Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
not binding. All images, specifications and data in the offer are indicative and may
not give rise to damages or dissolution of the agreement.
Images of products are a true reflection of the products offered.
products offered. Operator can not guarantee that the displayed
colors exactly match the real colors of the products. Each offer
contains such information that it is clear to the consumer what the rights and
obligations that are attached to the acceptance of the offer. This
concerns in particular: any shipping costs; the way in which the
agreement will be established and what actions are necessary for that; whether or not
applicability of the right of withdrawal; the method of payment,
delivery and performance of the agreement; the period for acceptance of the offer, or the
offer, or the period within which the entrepreneur guarantees the price; the
height of the rate of distance communication if the costs of using
of the technique for distance communication are calculated on a different
basis than the regular basic rate for the means of communication used; whether the
agreement is archived after conclusion, and if so in what way
this for the consumer to consult; the way in which the consumer, before
concluding the agreement, the information provided by him under the agreement
can check and, if desired, repair the data provided by him under the agreement; any
languages other than Dutch in which the contract can be concluded;
the behavioral codes to which the entrepreneur is subject and the way
how the consumer can consult these codes of conduct electronically;
and the minimum duration of the distance contract in case of an
duration transaction. Optional: available sizes, colors, type of materials.
Article 5 – The agreement Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement. If the agreement 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 the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end. The entrepreneur can – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a
long-term transaction, the provision in the previous paragraph only applies to the first
delivery. Each agreement is entered into under the suspensive
conditions of sufficient availability of the products in question.
Article 6 – Right of withdrawal When purchasing products, the consumer has the
option to dissolve the agreement without giving reasons for
14 days. This cooling-off period commences on the day after receipt of the product by
the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will
handle the product and packaging with care. He will 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 will return the product with all accessories supplied and - if
reasonably possible - in the original condition and packaging to the entrepreneur,
in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by means of a written message/e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal If the consumer exercises his right of withdrawal, the costs for returning the products are for the account of the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received by the web shop owner or conclusive proof of complete return can be provided.
Article 8 – Exclusion of right of withdrawal The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that by their nature cannot be returned; d. that can spoil or age quickly; e.
whose price is subject to fluctuations in the financial market over which the
entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the
consumer has broken the seal. h. for hygienic products of which the
consumer has broken the seal. Exclusion of the right of withdrawal is only possible
for services: a. concerning accommodation, transport, restaurant business or leisure activities
to be performed on a specific date or during a specific period; b. the
delivery of which has begun with the express consent of the consumer before the
cooling-off period has expired; c. concerning bets and lotteries.
Article 9 – The price During the validity period stated 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. By way of derogation from the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. these are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty The entrepreneur guarantees that the
products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the
entrepreneur also guarantees that the product is suitable for other than normal
use. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the
agreement. Any defects or incorrectly delivered products must be reported to the
entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition. The
entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. The
entrepreneur is however 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 guarantee does not apply if: The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties; The
delivered products have been exposed to abnormal circumstances or are otherwise
carelessly treated or are treated in conflict with the instructions of the
entrepreneur and/or on the packaging; The defectiveness is wholly or
partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution The entrepreneur will take the greatest possible
care when receiving and executing orders for products. Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration of termination and extension Termination, The
consumer may terminate an agreement that has been entered into for an indefinite period and that
is intended for the regular delivery of products (including electricity) or
services, at any time, taking into account the agreed termination rules and a notice period of
no more than one month. The consumer may terminate an agreement that has been entered into for a definite period and that
is intended for the regular delivery of products (including electricity) or
services, at any time towards the end of the definite period, taking into account the
agreed termination rules and a notice period of no more than
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
in a specific period; at least terminate in the same manner as they were
entered into by him; always terminate with the same notice period as the entrepreneur has
stipulated for himself. Extension An agreement entered into for a fixed period and which aims at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which aims at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month. An agreement entered into for a fixed period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement aims at the regular, but less than once a month, delivery of daily newspapers, weekly newspapers and magazines. A contract with a limited duration for the regular
introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends
automatically after purchase of 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 of no more than one
month, unless reasonableness and fairness oppose termination before the
end of the agreed term.
Article 13 – Payment Unless otherwise agreed, the amounts owed by the
consumer must be paid within 7 working days after the
start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an
agreement to provide a service, this period commences after the
consumer has received confirmation of the agreement. The consumer
has the duty to report any inaccuracies in the payment details provided or stated
to the entrepreneur without delay. In the event of non-payment by the consumer, the
entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the
consumer in advance.
Article 14 - Complaints procedure Complaints about the performance of the agreement
must be submitted to the
entrepreneur fully and clearly described within 7 days after the consumer has discovered the
defects. Complaints submitted to the
entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer
processing time, the entrepreneur will respond within the period of 14 days
with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be
resolved by mutual agreement, a dispute arises that is subject to the
dispute resolution. A complaint does not suspend the obligations of the entrepreneur,
unless the entrepreneur indicates otherwise in writing. If a complaint is found to be
founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the
products delivered free of charge.
Article 15 – Disputes Agreements between the entrepreneur and the consumer
to which these general terms and conditions apply are exclusively subject to Dutch
law. Even if the consumer resides abroad.