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.