Terms & Conditions

Article 1  Definitions

In these Terms and Conditions, the following definitions apply:

  • Withdrawal Period: The period during which the consumer may exercise the right of withdrawal.
  • Consumer: A natural person who is not acting in the course of a business or profession and who enters into a distance contract with the merchant.
  • Day: A calendar day.
  • Continuing Performance Contract: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over a certain period of time.
  • Durable Medium: Any medium that enables the consumer or merchant to store information addressed personally to them in a way that allows future reference and unchanged reproduction.
  • Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the withdrawal period.
  • Merchant: The natural or legal person who offers products and/or services to consumers at a distance.
  • Distance Contract: A contract concluded within the framework of a system organized by the merchant for the distance sale of products and/or services, where up to and including the conclusion of the contract only one or more means of distance communication are used.
  • Means of Distance Communication: Any method that can be used to conclude a contract without the consumer and merchant being physically present in the same place at the same time.
  • Terms and Conditions: These present Terms and Conditions of the merchant.


Article 2  Right of Withdrawal


The consumer has the right to withdraw from the contract within a period of 30 days without giving any reason.
During the withdrawal period, the consumer shall handle the product and its packaging with care.
If the consumer exercises the right of withdrawal, the product must be returned with all delivered accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the merchant.

Article 3  Scope


These Terms and Conditions apply to every offer made by the merchant, as well as to every distance contract and order concluded between the merchant and the consumer.


Before a distance contract is concluded, the consumer will be provided with the text of these Terms and Conditions. If this is not reasonably possible, the consumer will be informed before the contract is concluded that the Terms and Conditions are available for inspection at the merchant’s premises and will be sent to the consumer free of charge as soon as possible upon request.


If the distance contract is concluded electronically, the text of these Terms and Conditions may, contrary to the previous paragraph, be provided 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, the consumer will be informed before the contract is concluded where the Terms and Conditions can be accessed electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.


If, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer may always rely on the provision that is most favorable to them.


If one or more provisions of these Terms and Conditions are at any time wholly or partially void or declared void, the contract and the remaining provisions shall remain in force, and the relevant provision shall be replaced by mutual agreement with a provision that reflects the purpose of the original provision as closely as possible.


In situations not covered by these Terms and Conditions, decisions shall be made in the spirit of these Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall 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 made subject to conditions, this will be expressly stated in the offer. The offer is non‑binding. The merchant is entitled 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 enable the consumer to make a proper assessment of the offer.

If the merchant uses images, these will provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the merchant.

All images and specifications in the offer are indicative and cannot give rise to any claim for damages or termination of the contract. Images of products are intended as a truthful representation of the products offered, but the merchant cannot guarantee that the colors displayed will exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:

  • any applicable shipping costs
  • the manner in which the contract will be concluded and the steps required for this
  • whether the right of withdrawal applies
  • the payment, delivery, and performance arrangements of the contract
  • the period for accepting the offer or the period during which the merchant guarantees the price
  • the cost of using distance communication if calculated on a basis other than the basic rate of the communication method used
  • whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer
  • the possibility for the consumer to check and, if necessary, correct the data provided before concluding the contract
  • the languages, in addition to Dutch, in which the contract may be concluded
  • the codes of conduct to which the merchant has committed and how the consumer can consult these codes electronically
  • the minimum duration of the distance contract in the case of a continuing performance contract
  • where applicable, the available sizes, colors, and materials

 

Article 5   The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the conditions set out therein.

If the consumer has accepted the offer electronically, the merchant will promptly confirm receipt of the acceptance electronically. Until this confirmation has been received by the consumer, the consumer may dissolve the contract.

If the contract is concluded electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically, the merchant will take appropriate security measures for this purpose.

Within the framework of the law, the merchant may obtain information about whether the consumer can meet their payment obligations, as well as about facts and factors relevant to the responsible conclusion of the distance contract. If, based on this investigation, the merchant has valid reasons not to conclude the contract, the merchant is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

The merchant will provide the consumer, together with the product or service, in writing or in a form that allows the consumer to store the information on a durable medium in an accessible way, with the following details:

  • the visiting address of the merchant’s business location where the consumer can submit complaints
  • the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal does not apply
  • information about warranties and existing after‑sales service
  • the data referred to in Article 4 paragraph 3 of these Terms and Conditions, unless the merchant has already provided this information to the consumer before the execution of the contract
  • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery. Every contract is concluded subject to the condition of sufficient availability of the relevant products.

 

Article 6   Right of Withdrawal


When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason.


The withdrawal period begins on the day after the consumer, or a representative previously designated by the consumer and known to the merchant, receives the product.
During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep it.


If the consumer exercises the right of withdrawal, the product must be returned to the merchant with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the merchant.


If the consumer wishes to exercise the right of withdrawal, they are required to notify the merchant within 30 days of receiving the product. This notification must be made in writing or by email.


After notifying the merchant of the intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the goods were returned on time, for example by means of a shipping receipt.


If the consumer has not notified the merchant of the intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, and/or has not returned the product to the merchant, the purchase shall be considered final.

 

Article 7   Costs in the Event of Withdrawal


If the consumer exercises the right of withdrawal, the consumer shall bear the costs of returning the products.
If the consumer has already made a payment, the merchant will refund this amount as soon as possible, but no later than 30 days after the withdrawal, provided that the product has been received back by the merchant or the consumer has supplied conclusive evidence of having returned the product in full.

 

Article 8   Exclusion of the Right of Withdrawal

The merchant may exclude the consumer’s right of withdrawal for certain products, as described in paragraphs 2 and 3. Such exclusion is only valid if the merchant clearly stated this in the offer or at the latest before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • manufactured according to the consumer’s specifications
  • clearly of a personal nature
  • which, by their nature, cannot be returned
  • which may spoil or age quickly
  • whose price is subject to fluctuations in the financial market beyond the merchant’s control
  • individual newspapers and magazines
  • audio and video recordings or computer software where the seal has been broken by the consumer
  • hygiene products where the seal has been broken by the consumer

 

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 exception to the previous paragraph, the merchant may offer products or services whose prices are subject to fluctuations in the financial market, and over which the merchant has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are only permitted if the merchant has stipulated this and:

  • they are the result of statutory regulations or provisions, or
  • the consumer has the right to terminate the contract with effect from the day the price increase takes effect.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, the merchant is not obliged to deliver the product at the incorrect price.


Article 10   Conformity and Warranty

The merchant guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of usability and/or reliability, and the legal provisions and/or government regulations in force at the time the contract was concluded. If agreed, the merchant also guarantees that the product is suitable for use other than normal use.

Any warranty provided by the merchant, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the merchant under the contract.

Any defects or incorrectly delivered products must be reported to the merchant in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The warranty period provided by the merchant corresponds to the manufacturer’s warranty period. However, the merchant 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 altered the delivered products themselves or has had them repaired and/or altered by third parties
  • the delivered products have been exposed to abnormal conditions, have otherwise been handled improperly, or have been used contrary to the instructions of the merchant and/or the packaging
  • the defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used


Article 11  Delivery and Execution


The merchant will exercise the greatest possible care when receiving and executing orders for products.


Subject to the provisions of Article 4 of these Terms and Conditions, the merchant will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.


If delivery is delayed, or if an order cannot be carried out or can only be carried out in part, the consumer will be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract free of charge and is entitled to compensation where applicable.


In the event of dissolution in accordance with the previous paragraph, the merchant will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.


If delivery of an ordered product proves impossible, the merchant will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.


For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment in this case are borne by the merchant.


The risk of damage to and/or loss of products rests with the merchant until the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the merchant, unless expressly agreed otherwise.

 

Article 12  Continuing Performance Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate a contract concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a fixed period, which involves the regular delivery of products (including electricity) or services, at the end of the fixed term subject to the agreed termination rules and a notice period of no more than one month.

For the contracts referred to above, the consumer may:

  • terminate at any time and is not restricted to termination at a specific time or during a specific period
  • terminate in the same manner as the contract was concluded
  • always terminate with the same notice period that the merchant has stipulated for themselves

Renewal
A fixed‑term contract for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

By way of exception, a fixed‑term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

A fixed‑term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or with a notice period of no more than three months in the case of a contract involving the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A fixed‑term contract for the regular delivery of daily, news, and weekly newspapers and magazines entered into as a trial or introductory subscription will not be tacitly renewed and will automatically end at the conclusion of the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.


Article 13   Payment


Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the withdrawal period referred to in Article 6 paragraph 1.


In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.


The consumer is obliged to promptly report any inaccuracies in the payment details provided or stated to the merchant.


In the event of late payment by the consumer, the merchant is entitled, subject to legal restrictions, to charge the consumer reasonable costs that were communicated in advance.

 

Article 14   Complaints Procedure


Complaints about the performance of the contract must be submitted to the merchant within seven days after the consumer has identified the defects, and must be complete and clearly described.


Complaints submitted to the merchant will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the merchant will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.


If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.


A complaint does not suspend the obligations of the merchant, unless the merchant states otherwise in writing.


If a complaint is found to be justified by the merchant, the merchant will, at their discretion, replace or repair the delivered products free of charge.

 

Article 15  Disputes


Contracts between the merchant and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law.


This also applies if the consumer resides abroad.