Terms and Conditions

Terms and Conditions

Article 1 - Definitions
In these terms and conditions, the following terms are defined as:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
  • Consumer: the natural person who is not acting in the course of their trade or business and enters into a distance agreement with the entrepreneur.
  • Day: calendar day.
  • Duration transaction: a distance agreement regarding a series of products and/or services where the delivery and/or performance obligations are spread over time.
  • Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed to them personally, in a manner that allows for future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period.
  • Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
  • Distance agreement: an agreement in the context of a system organized by the entrepreneur for the sale at a distance of products and/or services, where communication only occurs remotely up to and including the conclusion of the agreement.
  • Technique for remote communication: a means of communication that can be used to conclude an agreement without the consumer and entrepreneur being present in the same location.
  • Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 - Right of Withdrawal
The consumer has the right to cancel the agreement within a cooling-off period of 14 days without providing a reason.
During the cooling-off period, the consumer must handle the product and its packaging carefully.
If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if possible, in its original condition, following reasonable instructions from the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer by the entrepreneur and every distance agreement and order between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's location and will be sent to the consumer free of charge upon request. If the distance agreement is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions may be made available electronically to the consumer in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.
In the case that specific product or service terms and conditions apply in addition to these general terms, the second and third paragraphs apply accordingly, and the consumer can always invoke the provision most favorable to them in case of conflicting general terms.
If one or more provisions of these general terms become invalid or are annulled, the agreement and these terms will remain in effect for the remainder, and the relevant provision will be replaced by a provision that closely approximates the intent of the original.
Situations not covered by these general terms must be assessed "in the spirit" of these terms. Uncertainties regarding the interpretation or content of one or more provisions of these terms must be explained "in the spirit" of these general terms.

Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify and 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 make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and details in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.
The offer contains information that clearly defines the rights and obligations associated with accepting the offer, particularly:

  • Any shipping costs;
  • The manner in which the agreement will be concluded and the steps required for this;
  • Whether the right of withdrawal applies;
  • Payment methods, delivery, and execution of the agreement;
  • The period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
  • The cost rate for remote communication if the cost of using remote communication techniques is calculated on a basis other than the regular base rate for the communication medium used;
  • Whether the agreement will be archived after conclusion, and how the consumer can consult it;
  • How the consumer can check and correct their data before concluding the agreement;
  • Other languages, in addition to Dutch, in which the agreement can be concluded;
  • Codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically;
  • The minimum duration of the distance agreement in the case of a duration transaction.

Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and complies with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically.
Until the entrepreneur confirms the receipt of this acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment.
If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may verify whether the consumer can meet their payment obligations and check any facts or factors important for responsibly entering into the distance agreement.
If the entrepreneur has valid reasons to refuse the agreement, they are entitled to reject the order or attach special conditions to the execution.
The entrepreneur will send the following information along with the product or service:
a. The visit address of the entrepreneur's establishment where the consumer can submit complaints;
b. The conditions and methods for exercising the right of withdrawal or a clear indication of the exclusion of this right;
c. Information about warranties and after-purchase services;
d. The details referred to in Article 4, paragraph 3, unless already provided before the agreement's execution;
e. The requirements for terminating the agreement if the agreement lasts more than one year or is of indefinite duration.
In the case of a duration transaction, the previous provision only applies to the first delivery.

Article 6 – Right of Withdrawal
For the purchase of products, the consumer has the right to cancel the agreement without providing a reason for 14 days.
This cooling-off period starts the day after the consumer receives the product or a designated representative.
During the cooling-off period, the consumer must handle the product and packaging carefully. They may unpack or use the product only as necessary to determine if they wish to keep it.
If the consumer exercises their right of withdrawal, the product must be returned with all delivered accessories and, if possible, in its original condition and packaging, following reasonable and clear instructions from the entrepreneur.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days after receiving the product. Notification must be made in writing or via email. After notifying, the consumer must return the product within 14 days. The consumer must prove that the product was returned on time, for example, with proof of shipment.
If the consumer has not exercised the right of withdrawal within the period specified, the purchase is final.

Article 7 – Costs of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products will be borne by the consumer.
If the consumer has paid any amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been returned or proof of return is provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products as defined in paragraphs 2 and 3.
The exclusion applies only if the entrepreneur has clearly stated this in the offer, at least before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
a. Made to the consumer’s specifications;
b. Clearly personal in nature;
c. That cannot be returned due to their nature;
d. That can spoil or age quickly;
e. Whose price is tied to fluctuations in the financial market, beyond the entrepreneur’s control;
f. For single newspapers and magazines;
g. For audio and video recordings and software where the consumer has broken the seal;
h. For hygienic products where the consumer has broken the seal.

Exclusion applies only to services:
a. Related to accommodation, transport, restaurant services, or leisure activities for a specific date or period;
b. Whose delivery has begun with the express consent of the consumer before the cooling-off period expired;
c. Concerning gambling and lotteries.

Article 9 – The Price
For the duration of the validity period indicated in the offer, the prices of the offered products and/or services will not increase, except for changes due to changes in VAT rates.
The entrepreneur can offer products or services with fluctuating prices based on market conditions.
Price increases within 3 months of concluding the agreement are only allowed if they result from legal provisions.
Price increases after 3 months of the agreement may only occur if agreed upon by the entrepreneur and if the consumer can cancel the agreement on the day the price increase takes effect.
All prices are subject to printing and typing errors. The entrepreneur is not liable for errors and is not required to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable on the date the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights and claims under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The return of products must occur in the original packaging and in new condition. The entrepreneur's warranty period corresponds with the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply in the following cases:

  • The consumer has repaired or modified the delivered products themselves or had them repaired or modified by third parties.
  • The delivered products have been exposed to abnormal conditions or have been improperly treated, or have been used contrary to the entrepreneur's instructions or the instructions on the packaging.
  • The defect is wholly or partly the result of regulations set by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and executing product orders. Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur will execute accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time.
If delivery is delayed or if an order can only be partially executed, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to cancel the agreement without costs and is entitled to any compensation. If the agreement is canceled, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
If the delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to make a substitute product available. At the time of delivery, it will be clearly stated that a substitute product is being delivered. The right of withdrawal applies to replacement items, and the costs of return shipment are at the entrepreneur's expense.
The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated by the consumer and known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Renewal

  • Cancellation: The consumer may cancel an agreement for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of up to one month.
  • An agreement for a fixed term involving the regular delivery of products (including electricity) or services may be canceled by the consumer at any time at the end of the agreed term with a notice period of up to one month.
  • The consumer may cancel the agreements referred to in the previous sections at any time, not limited to cancellation at a specific time or during a particular period. The notice period is at least equal to the notice period the entrepreneur has set for themselves.

Renewal

  • An agreement for a fixed term that involves the regular delivery of products or services may not be automatically extended for a fixed period.
  • An exception applies to agreements for the delivery of daily, news, weekly newspapers, and magazines, which may be automatically extended for a maximum period of three months, provided the consumer can cancel the extended agreement at the end of the extension with a notice period of up to one month.
  • A fixed-term agreement for the regular delivery of products or services may only be extended automatically for an indefinite duration if the consumer can cancel at any time with a notice period of up to one month. For the delivery of daily, news, or weekly newspapers and magazines less than monthly, a notice period of up to three months applies.
  • A limited trial or introductory subscription for daily, news, and weekly newspapers or magazines ends automatically after the trial 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 up to one month, unless fairness and reasonableness prevent cancellation before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the consumer must pay the amounts due within 7 days after the start of the reflection period as referred to in Article 6(1). In the case of an agreement for the provision of services, this period begins once the consumer has received confirmation of the agreement.
The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge reasonable costs, as previously communicated to the consumer.

Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute will arise that is subject to the dispute resolution procedure. The submission of a complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is deemed valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.

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