General terms and conditions
General terms and conditions
Article 1 - Definitions In these terms and conditions, the following definitions shall apply: Grace period: the period
period within which the consumer can exercise his right of withdrawal; Consumer: the natural
natural person who is not acting in the exercise of a profession or business and
enters into a distance contract with the trader; Day: calendar day; Extended duration transaction: a
distance contract relating to a series of products and/or services, of which
the delivery and/or purchase obligation is spread over time; Durable data carrier: every
means that enables the consumer or entrepreneur to store information that is addressed to him personally in a
addressed to him, to be stored in a way that allows future consultation and unaltered
reproduction of the stored information. Right of withdrawal: the
possibility for the consumer to waive the distance contract within the cooling-off period
distance; Entrepreneur: the natural or legal person who remotely offers products and/or services
to consumers; Distance contract: an agreement whereby, in the context
of a system organised by the entrepreneur for distance selling of products
and/or services, 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
distance: means that can be used for concluding an agreement, without the
consumer and entrepreneur have come together simultaneously in the same room. General
Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Right of withdrawal
The consumer has the right, within a cooling-off period of 14 days, to return the
statement of reasons to revoke the
agreement to withdraw.
During the reflection period, the consumer will treat the product and its
packaging.
If the consumer exercises his right of withdrawal, he will return the product with
all delivered
accessories and, if possible, return it in its original condition, in accordance with reasonable
instructions of the
entrepreneur.
Article 3 - Applicability These general terms and conditions apply to every offer
of the entrepreneur and to every distance contract and order concluded
between entrepreneur and consumer. Before the distance contract is concluded, the
the text of these general terms and conditions is made available to the consumer. If this
is not reasonably possible, before the distance contract is concluded,
be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be made available as soon as possible at the consumer's request. request of the consumer, they will be sent free of charge as soon as possible. If the
distance contract is concluded electronically, notwithstanding the previous paragraph and Before the distance contract is concluded, the text of these general
terms and conditions electronically to the consumer be made available in
such that it can be easily accessed by the consumer. stored on a durable data carrier. If this is not reasonably possible, it will
Before the distance contract is concluded, it will be indicated where the general
general terms and conditions can be inspected electronically and that they will be made available free of charge at the consumer's request.
request of the consumer, they will be sent electronically or otherwise free of charge.
be sent. In the event that, in addition to these general terms and conditions, specific
product or service conditions apply, the second and third paragraphs shall apply accordingly and the
Article 4 - The offer If an offer has a limited period of validity or is made under
conditions, this will be explicitly mentioned in the offer. The offer is
without obligation. The entrepreneur is entitled to change and adjust the offer. The
offer contains a complete and accurate description of the products and/or
services. The description is sufficiently detailed to enable a proper assessment of the
offer by the consumer as possible. If the entrepreneur uses
pictures, these are a truthful representation of the products and/or
services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
not binding. All images, specifications and data in the offer are indicative and cannot
be cause for compensation or dissolution of the agreement. Images of
products are a true representation of the products offered. Entrepreneur
cannot guarantee that the colours displayed correspond exactly to the actual colours
of the products. Each offer contains such information that it is clear to the consumer
what the rights and obligations are, which are attached to the acceptance of the offer.
This concerns in particular: any shipping costs; the manner in which the
agreement will be concluded and which actions are necessary for this; whether or not
applicable of the right of withdrawal; the method of payment, delivery and performance
of the agreement; the period for accepting the offer, or the period
within which the trader guarantees the price; the level of the rate of communication
distance if the costs for using the technology for distance communication are
are calculated on a basis other than the regular basic rate for the
means of communication; whether the agreement will be archived after conclusion, and if so
in which way it can be consulted by the consumer; the way in which the consumer,
prior to the conclusion of the agreement, the information provided by him in the framework of the agreement
can check and, if desired, repair the data provided by him under the agreement; any other languages
in which, besides Dutch, the agreement can be concluded; the codes of conduct
apply by analogy and in the event of conflicting general terms and
conditions always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially
partially null and void or destroyed, then the agreement and these terms and
shall otherwise remain in force and the provision in question shall be promptly replaced in mutual consultation
replaced by a provision that approaches the purport of the original provision as closely as possible.
as much as possible. Situations not provided for in these general terms and conditions must be
assessed ‘in the spirit’ of these general terms and conditions. Uncertainties about
the interpretation or content of one or more provisions of our terms and conditions, must be interpreted
in the spirit of these general terms and conditions. to which the trader has submitted and the way in which the consumer can consult these
codes of conduct can be consulted electronically; and the minimum duration of the
distance contract in case of a duration transaction. Optional: available sizes,
colours, type of materials.
Article 5 - The agreement The agreement, subject to the provisions of
paragraph 4, comes about at the moment of acceptance by the consumer of the offer and the
fulfilment of the conditions thereby stipulated. If the consumer has accepted the offer
accepted the offer electronically, the trader will immediately confirm receipt of
receipt of the acceptance of the offer. As long as the receipt of this
acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate
technical and organisational measures to secure the electronic transfer of data
of data and ensures a secure web environment. If the consumer can pay electronically
pay, the entrepreneur will observe appropriate security measures. The
entrepreneur can - within legal frameworks - inform himself whether the consumer can meet
meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the contract.
for a responsible conclusion of the remote agreement. If the entrepreneur
has good grounds on the basis of this investigation not to enter into the agreement, he is
entitled to refuse an order or application or to attach special
attach special conditions. The entrepreneur will provide the product or service to the
consumer the following information, in writing or in such a way that the
consumer in an accessible manner can be stored on a durable
data carrier, include: a. the visiting address of the trader's office where the consumer can lodge complaints
consumer with complaints; b. the conditions on which and the way in which the consumer can
consumer can make use of the right of withdrawal, or a clear indication
on the exclusion of the right of withdrawal; c. the information on guarantees and existing
existing after-sales service; d. the information included in article 4 paragraph 3 of these conditions
data, unless the entrepreneur has already provided the consumer with these data before the
implementation of the agreement; e. the requirements for terminating the agreement if
the agreement has a duration of more than one year or is of indefinite duration. In case
of a duration transaction, the provision in the previous paragraph only applies to the first
delivery. Each agreement is entered into under the suspensive conditions of
sufficient availability of the relevant products.
Article 6 - Right of withdrawal When purchasing products, the consumer has the
possibility of dissolving the agreement without giving reasons for a period of 14 days.
This reflection period starts on the day after receipt of the product by the consumer or
a representative designated in advance by the consumer and made known to the trader.
representative. During the reflection period, the consumer will treat the
product and the packaging. He will only unpack or use the product to the extent that
as necessary to assess whether he wishes to keep the product. If he of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur
return, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to do so
within 14 days, after receipt of the product, to make this known to the entrepreneur. The
consumer must do so by means of a written message/email. After the
consumer has indicated that he wishes to exercise his right of withdrawal, the
return the product within 14 days. The consumer must prove that the
delivered goods have been returned in time, for example by means of proof of shipment.
Article 7 – Costs in case of withdrawal If the consumer exercises his right of withdrawal, the costs for returning the products are for the account of the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is the condition that the product has already been received back by the web shop or conclusive proof of complete return can be provided.dispatch. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed
to make use of his right of withdrawal or has not returned the product to the
entrepreneur, the purchase is a fact.
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, at least in good time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature;
d. that can spoil or age quickly; e.
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. h.
for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation,
transport, restaurant business or leisure activities to be performed on a specific date or
during a specific period; b. the delivery of which has begun with the express consent of the
consumer before the cooling-off period has expired; c. concerning bets
and lotteries
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 as a result of changes in VAT rates. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This
subject to fluctuations and the fact that any prices stated are target prices,
will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory
regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. these are the
result of statutory regulations or provisions; or b. the consumer has the authority to
terminate the agreement with effect from the day on which the price increase takes effect. All
prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing 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, the
reasonable requirements of soundness and/or usability and the legal provisions and/or
government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that
the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer
or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition. The
entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. The entrepreneur is however 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 guarantee does not apply if: The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties; The delivered products have been exposed to abnormal circumstances or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or have been treated on the packaging; The defectiveness is wholly or partly the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution The entrepreneur will take the greatest possible care when receiving and executing orders for products.
Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon
delivery, it will be stated in a clear and understandable manner that a replacement article
is being delivered. The right of withdrawal cannot be excluded for replacement articles.
The costs of any return shipment are for the account of the entrepreneur. The risk
of damage and/or loss of products rests with the entrepreneur until the moment
of delivery to the consumer or a previously designated representative made known to the entrepreneur,
unless expressly agreed otherwise.
Article 12 – Duration transactions: duration of termination and extension Termination, The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of
no more than one month. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, taking into account the agreed termination rules and a notice period of
no more than one month. The consumer can terminate the agreements referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or in a
specific period; at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension An agreement entered into for a fixed period and which aims at the
regular delivery of products (including electricity) or services, may not be
tacitly extended or renewed for a fixed period. Notwithstanding the
previous paragraph, an agreement entered into for a fixed period and which aims at the
regular delivery of daily newspapers, weekly newspapers and magazines may be
tacitly extended for a fixed period of up to three months, if the consumer can
terminate this extended agreement at the end of the extension with a
notice period of up to one month. An agreement entered into for a fixed period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time cancel with a notice period of at most one month and a notice period of at most three months in the event that the agreement aims at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. An
agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after purchase of the trial or introductory period. Duration If an agreement has a duration of more than one year, the consumer may at any time after one year cancel the agreement with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 – Payment Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the
entrepreneur will respond within 14 days with a confirmation of receipt and
an indication of when the consumer can expect a more detailed response. If the
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 entrepreneur, unless
the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by
the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products
free of charge.
Article 15 - Disputes Agreements between the entrepreneur and the consumer to which
these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.