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 within which the consumer can exercise their right of withdrawal.

Consumer: A natural person who does not act for purposes related to their trade, business, craft, or profession and enters into a distance agreement with the entrepreneur.

Day: Calendar day.

Duration transaction: A distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

Durable data carrier: Any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.

Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.

Distance agreement: An agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby 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: Any means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same place at the same time.

General Terms and Conditions: The present terms and conditions of the entrepreneur.


Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason.

During the cooling-off period, the consumer shall handle the product and packaging with care.

If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable instructions provided by the entrepreneur.


Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge at the consumer’s request.

If the agreement is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier.

If specific product or service conditions apply in addition to these general terms and conditions, the consumer may always rely on the provision that is most favorable to them in case of conflicting terms.

If one or more provisions in these terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall remain in force. The invalid provision will be replaced by a provision that approximates the original intention as closely as possible.

Situations not covered by these terms and conditions should be interpreted in the spirit of these terms and conditions.


Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.

The offer is non-binding. The entrepreneur reserves the right to change or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer.

If images are used, 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 and specifications are indicative and cannot give rise to compensation or cancellation of the agreement.

The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer includes information that clearly states the rights and obligations associated with acceptance of the offer, including:

  • Any shipping costs

  • The method by which the agreement will be concluded

  • Whether the right of withdrawal applies

  • The method of payment, delivery, and execution

  • The period for accepting the offer or the period during which the price is guaranteed

  • The rate for distance communication if different from the standard rate

  • Whether the agreement will be archived and how it can be accessed

  • How the consumer can review and correct information before concluding the agreement

  • Any other languages in which the agreement may be concluded

  • Applicable codes of conduct

  • The minimum duration of the agreement in the case of duration transactions

  • Optional: available sizes, colors, and materials


Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the conditions set out therein.

If the consumer accepts the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay.

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.

The entrepreneur may verify whether the consumer can meet their payment obligations and may refuse an order or request with justification or impose special conditions.

The entrepreneur will provide the consumer with the following information in writing or in a form that can be stored on a durable data carrier:

  • The address where complaints can be submitted

  • Conditions and procedures for exercising the right of withdrawal

  • Information about warranties and after-sales service

  • The information listed in Article 4 unless already provided

  • Termination requirements for agreements longer than one year

Each agreement is concluded subject to the availability of the relevant products.


Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement within 30 days without giving reasons.

This period begins the day after the consumer or a designated representative receives the product.

During the cooling-off period, the consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.

To exercise the right of withdrawal, the consumer must notify the entrepreneur within 30 days by written notice or email.

After notification, the consumer must return the product within 30 days.

The consumer must provide proof that the product was returned on time, for example with a shipping receipt.

If the consumer does not notify the entrepreneur within the specified period or fails to return the product, the purchase becomes final.


Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products will be borne by the consumer.

If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible and no later than 30 days after withdrawal, provided that the returned product has been received or proof of return shipment has been provided.


Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for certain products if this was clearly stated in the offer before the agreement was concluded.

Exclusion is only possible for products:

  • Made according to consumer specifications

  • Clearly personal in nature

  • That cannot be returned due to their nature

  • That spoil or age quickly

  • Whose price depends on financial market fluctuations

  • Individual newspapers or magazines

  • Audio/video recordings or software with broken seals

  • Hygienic products with broken seals


Article 9 – The Price

During the validity period stated in the offer, prices will not be increased except for changes resulting from VAT adjustments.

Products whose prices depend on financial market fluctuations may be offered at variable prices.

Price increases within three months of concluding the agreement are only allowed if they result from legal regulations.

Price increases after three months are only permitted if:

  • They result from legal regulations, or

  • The consumer has the right to terminate the agreement when the increase takes effect.

All prices are subject to printing and typographical errors. The entrepreneur is not liable for such errors.


Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications in the offer, and reasonable requirements of reliability and usability.

Any defects or incorrectly delivered products must be reported in writing within 30 days after delivery.

Products must be returned in their original packaging and in new condition.

The warranty period corresponds to the manufacturer’s warranty period.

The warranty does not apply if:

  • The consumer has repaired or modified the product themselves

  • The product has been exposed to abnormal conditions

  • The product has been handled contrary to instructions

  • The defect results from government regulations concerning materials used


Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

Orders will be executed as quickly as possible and no later than 30 days, unless a longer delivery period has been agreed.

If delivery is delayed or cannot be completed, the consumer will be notified within 30 days.

In such cases, the consumer has the right to cancel the agreement free of charge.

The entrepreneur will refund any payments within 30 days after cancellation.

If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement product.

The risk of damage or loss remains with the entrepreneur until the product is delivered to the consumer.


Article 12 – Duration Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate agreements for an indefinite period at any time with a notice period of no more than one month.

Agreements for a fixed period may be terminated at the end of the fixed duration with a notice period of no more than one month.

Renewal

Fixed-term agreements may not be automatically renewed for another fixed term.

An exception applies to subscriptions to newspapers or magazines, which may be renewed for a maximum of three months.

Duration

If an agreement lasts longer than one year, the consumer may terminate it at any time after one year with a notice period of one month.


Article 13 – Payment

Unless otherwise agreed, payments must be made within seven working days after the cooling-off period begins.

The consumer must report inaccuracies in payment details immediately.

In case of non-payment, the entrepreneur may charge reasonable costs previously communicated to the consumer.


Article 14 – Complaints Procedure

Complaints must be submitted to the entrepreneur within seven days after the consumer discovers the defect.

Complaints will be answered within 14 days after receipt.

If a complaint requires more time, the consumer will receive confirmation and an indication of when a full response can be expected.

If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.

If a complaint is deemed valid, the entrepreneur will repair or replace the product free of charge.


Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.