Terms of Service
Article 1 – Definitions In these terms and conditions, the following definitions apply:
- Cooling-off period: the period within which the consumer can exercise his 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 entrepreneur;
- 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 medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the possibility for the consumer to withdraw from 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 the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room.
Article 3 – Applicability These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders concluded between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and they will be sent to the consumer as soon as possible free of charge at the consumer's request. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before concluding the distance contract, it will be indicated where the general terms and conditions can be viewed electronically, and that at the consumer's request, they will be sent electronically or otherwise free of charge. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions at any time are wholly or partially null and void or are nullified, then the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced immediately in mutual consultation by a provision that approximates the original as closely as possible. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
- If an offer has a limited duration or is made under conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications data in the offer are indicative and cannot be a reason for 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 such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services concerning the import. This regulation applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (possibly together with the charged clearance costs) from the recipient of the goods;
- any costs of shipping;
- the manner in which the contract will be concluded and what actions are required for this;
- the application of the right of withdrawal;
- the method of payment, delivery, and execution of the agreement;
- the deadline for accepting the offer, or the period during which the entrepreneur guarantees the price;
- the rate of remote communication if the costs of using the technique for remote communication are calculated on a basis other than the regular base rate for the communication medium used;
- whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
- how the consumer, before concluding the contract, can check and if desired correct the data provided by him in the context of the contract;
- any other languages in which, besides Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the event of an extended transaction.
- Optional: available sizes, colors, types of materials.
Article 5 – The agreement
- The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can – within legal frameworks – check whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds not to enter into the contract based on this investigation, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
- The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored in an accessible manner on a durable medium by the consumer:
- the address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the data included in article 4 paragraph 3 of these conditions unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.
- In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
- Every agreement is entered into under the suspensive conditions of sufficient availability of the concerned products.
Article 6 – Right of withdrawal
- Upon purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a representative previously designated by the consumer and announced to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of 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.
- When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must make this known using a written message/email. After the consumer has indicated that he wishes to make use of 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 through a proof of shipping.
- If the customer has not made known after the terms mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal respectively has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of returning the goods are at the consumer’s expense.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the 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 applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygienic products of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
- whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
- concerning betting and lotteries.
Article 9 – The price
- During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This binding to fluctuations and the fact that any listed prices are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the contract with effect from the day on which the price increase starts.
- The place of delivery is based on Article 5, first paragraph, of the Value Added Tax Act 1968 and takes place in the country where the transport starts. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will charge import VAT and/or clearance costs to the recipient. Therefore, the entrepreneur will not charge VAT.
- All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the event of print and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date the contract was concluded. 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 under the contract.
- Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. Return of the products must be made in the original packaging and in new condition.
- The entrepreneur's warranty period corresponds to the manufacturer's guarantee period. However, the entrepreneur 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 himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and/or on the packaging;
- The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.
Article 11 – Delivery and execution
- The entrepreneur shall observe the utmost care when receiving and executing product orders and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously 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 executed or only partially, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract without cost and is entitled to any compensation.
- In the event of termination in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days following termination.
- If delivery of an ordered product proves impossible, the entrepreneur shall strive to make a replacement item available. At the latest at the time of delivery, it will be clearly and comprehensibly reported that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. 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 pre-designated and announced representative, unless explicitly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and extension Termination
- The consumer can terminate a contract that has been entered for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time with due observance of agreed termination rules and a notice of up to one month.
- The consumer can terminate a contract that has been entered for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of agreed termination rules and a notice of up to one month.
- The consumer can the agreements mentioned in the previous paragraphs:
- terminate at any time and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same way as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension
- A contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.
- Notwithstanding the previous paragraph, a contract entered into for a definite period, which extends to the regular delivery of daily, news and weekly newspapers and magazines, may be automatically extended for a fixed period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice of up to one month.
- A contract entered into for a definite period and which extends to the regular delivery of products or services, may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of up to one month and a notice period of up to three months if the contract extends to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
- A contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically 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 with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
- Unless otherwise stipulated, the amounts owed by the consumer should be paid within 7 working days following 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 begins after the consumer has received confirmation of the agreement.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In case of default by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
- Complaints about the implementation of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has observed the defects.
- Complaints submitted to the entrepreneur will be responded to within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
- A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge at its discretion.
Article 15 – Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer resides abroad.