Article 1 – Definitions.

Definitions in these Terms and Conditions

Cooling-off period: The period within which the consumer can exercise their right of withdrawal; Learn more about the cooling-off period.

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.

Long-term transaction: A distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time.

Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

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

Model withdrawal form: The model form for withdrawal provided by the entrepreneur that the consumer can complete to exercise their right of withdrawal.

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

Distance contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, exclusively using one or more means of distance communication up to the moment of concluding the contract.

Means of distance communication: A method that can be used to conclude a contract without the consumer and entrepreneur being in the same physical location at the same time.

General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract 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 before the distance contract is concluded where the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, then, 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, it will be indicated where the general terms and conditions can be accessed electronically, and that they will be sent to the consumer electronically or otherwise free of charge upon request.

If specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 apply by analogy, and the consumer may always rely on the provision that is most favorable to them in case of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions will otherwise remain in effect, and the relevant provision will be replaced in mutual consultation without delay by a provision that approximates the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is made under certain 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 includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

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

• the price, including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the contract;
• the term for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the tariff for distance communication if the costs of using the means for distance communication are calculated on a basis other than the basic tariff for the communication method used;
• whether the contract is archived after its conclusion, and, if so, how it can be accessed by the consumer;
• the way in which the consumer can check and, if desired, correct the information they provided in the context of the contract before concluding it;
• the other languages, if any, in which the contract can be concluded in addition to Dutch;
• 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 case of a long-term transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and complies with the associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

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. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may—within legal frameworks—gather information about whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

Upon delivery of the product or service, the entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

• the visiting address of the entrepreneur’s business location where the consumer can go with complaints;
• the conditions under which and how the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales services;
• the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
• the requirements for terminating the agreement if the contract has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

For the delivery of products:
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period starts on the day after the consumer or a pre-designated representative notified to the entrepreneur receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and—if reasonably possible—in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. Notification can be done using the model withdrawal form or another communication method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days.

The consumer must prove that the returned goods were sent back on time, for example, by providing proof of shipment.

If the consumer has not made it clear within the terms mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or if the product has not been returned to the entrepreneur, the purchase is a fact.

For the delivery of services:
When delivering services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day the agreement was concluded.

To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they are responsible for the cost of returning the goods.

If the consumer has paid any amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal. However, the product must have been received back by the retailer, or conclusive proof of complete return must be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for

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 only applies if the entrepreneur has clearly stated this in the offer or at least in good time before concluding the agreement.

The right of withdrawal can only be excluded for products:

• that have been produced according to the consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that spoil or age quickly;
• whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
• for single issues of newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
• for hygienic products where the consumer has broken the seal.

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.
• Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market (beyond the entrepreneur’s control) at variable prices. This dependence on fluctuations and the fact that any listed prices are target prices must be stated in the offer.
• Price increases within three months after concluding the agreement are only allowed if they result from statutory regulations or provisions.
• Price increases after three months are only allowed if:
  • they result from statutory regulations or provisions; or
  • the consumer is authorized to terminate the agreement from the day the price increase takes effect.
• Prices mentioned in the offer include VAT.
• All prices are subject to typographical and printing errors. No liability is accepted for consequences of typographical and printing errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

• The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and applicable statutory provisions and/or government regulations existing at the time of the agreement.
• A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.
• Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of discovery.
• The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for individual use, nor for advice regarding the use or application of the products.
• Warranty does not apply if:
  • The consumer has repaired and/or modified the products or had them repaired and/or modified by third parties.
  • The products have been exposed to abnormal conditions, handled carelessly, or contrary to the entrepreneur’s instructions or packaging instructions.
  • The defect is due entirely or partly to regulations set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

• The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
• The delivery address is the address provided by the consumer to the company.
• Accepted orders will be executed promptly, but no later than 30 days unless the consumer agrees to a longer delivery term. In case of delay, the consumer will be informed within 30 days and has the right to terminate the agreement free of charge.
• Delivery terms are indicative and do not grant the consumer rights to compensation if exceeded.
• In the event of termination due to delivery failure, the entrepreneur will refund the consumer within 14 days.
• If delivery proves impossible, the entrepreneur will make an effort to provide a replacement item. Consumers retain the right to withdraw for replacement items, and return shipping costs are borne by the entrepreneur.
• The risk of damage or loss of products rests with the entrepreneur until delivery to the consumer, unless otherwise agreed.

Article 12 – Duration transactions: termination and renewal

Termination

• The consumer may terminate an indefinite agreement for regular delivery of products or services at any time, subject to agreed termination rules and a notice period of no more than one month.
• For fixed-term agreements, the consumer may terminate at the end of the fixed period with a notice period of no more than one month.

Renewal

• Fixed-term agreements cannot be tacitly renewed or extended for a fixed term, except for newspapers and magazines for a maximum of three months with a one-month notice period.
• Agreements renewed tacitly for an indefinite period can be terminated by the consumer with a notice period of no more than one month (three months for periodic delivery less than once a month).
• Trial or introductory subscriptions automatically terminate after the trial period.

Duration

• Agreements exceeding one year may be terminated by the consumer after one year, with a notice period of no more than one month unless early termination is unreasonable.

Article 13 – Payment

• Payments must be made within seven business days after the start of the withdrawal period or receipt of order confirmation.
• Consumers must report inaccuracies in payment details promptly.
• In case of consumer default, the entrepreneur may charge reasonable costs after notifying the consumer.

Article 14 – Complaints procedure

• The entrepreneur has a complaints procedure and addresses complaints following it.
• Complaints must be reported within two months after discovery and described clearly.
• Complaints are responded to within 14 days, with an explanation if more time is required.
• If unresolved, disputes can be handled via WebwinkelKeur or an independent disputes committee, with binding decisions. The European ODR platform is also available for complaints.
• Filing a complaint does not suspend the entrepreneur’s obligations.
• If justified, the entrepreneur may replace or repair the product free of charge.

Article 15 – Disputes

• Dutch law exclusively governs agreements between the entrepreneur and the consumer.
• The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

• Additional or deviating provisions may not disadvantage the consumer and must be documented in writing or in a way accessible for storage by the consumer.