General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
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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.
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Day: Calendar day.
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Long-term transaction: A distance contract relating to a series of products and/or services, the delivery and/or acceptance of which is spread over time.
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Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
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Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
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Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
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Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, where one or more techniques for remote communication are used exclusively up to and including the conclusion of the contract.
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Technique for remote communication: Means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same location.
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Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if possible, in the original condition, in accordance with reasonable instructions from the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every concluded distance contract and order 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 contract is concluded that the general terms and conditions can be inspected at the entrepreneur and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, contrary to the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge upon request.
If, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the contract and these terms and conditions remain in force, and the relevant provision shall be replaced without delay by a provision that approximates the intent of the original provision as closely as possible.
Situations not covered in these general terms and conditions shall be assessed in the "spirit" of these terms. Ambiguities in the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in the "spirit" of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer. The offer is without obligation. 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, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:
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Any shipping costs.
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The manner in which the contract will be concluded and the actions required.
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Whether the right of withdrawal applies.
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The method of payment, delivery, and execution of the contract.
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The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
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The amount of the tariff for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular basic rate.
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Whether the contract is archived after conclusion and, if so, how it can be accessed by the consumer.
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How the consumer can check and, if desired, correct the data provided in the context of the contract before concluding it.
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Other languages in which the contract can be concluded besides Dutch.
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The codes of conduct to which the entrepreneur has committed and how the consumer can consult them electronically.
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The minimum duration of the distance contract in the case of a long-term transaction.
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Optional: available sizes, colors, and types of materials.
Article 5 – The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions attached.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, verify whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering the distance contract. If the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with justification or attach special conditions to execution.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored on a durable data carrier:
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The address of the entrepreneur’s office where complaints can be lodged.
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The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear notice if the right of withdrawal is excluded.
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Information about warranties and existing after-sales service.
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The data listed in Article 4, paragraph 3, unless already provided before execution of the contract.
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Requirements for termination if the contract has a duration of more than one year or is indefinite.
In the case of a long-term transaction, the previous paragraph applies only to the first delivery. Each contract is concluded under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 30 days.
This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer and known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care and only unpack or use the product to the extent necessary to assess whether they wish to keep it.
If the consumer exercises the right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in the original state and packaging, following the entrepreneur’s reasonable and clear instructions.
To exercise the right of withdrawal, the consumer must notify the entrepreneur within 30 days of receiving the product, via a written message or email.
After notifying the entrepreneur of the intention to withdraw, the consumer must return the product within 30 days and provide proof of timely return, for example, a shipping receipt.
If the consumer does not notify the intention to withdraw and/or return the product within the above periods, the purchase becomes final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 30 days after withdrawal, provided that the product has been received or proof of complete return is provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. This exclusion applies only if clearly stated in the offer or in a timely manner before concluding the contract.
Exclusion is possible for products:
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Made according to consumer specifications.
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Clearly personal in nature.
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That cannot be returned by their nature.
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That can spoil or expire quickly.
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Whose price is subject to market fluctuations beyond the entrepreneur’s control.
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Loose newspapers and magazines.
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Media, video recordings, and software whose seal has been broken.
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Hygienic products whose seal has been broken.
Article 9 – Price
During the validity period stated in the offer, the prices of offered products/services will not increase, except due to VAT changes.
In deviation from the previous paragraph, the entrepreneur may offer products/services with variable prices if prices are subject to market fluctuations beyond the entrepreneur’s control. This will be stated in the offer.
Price increases within three months after the contract is concluded are only allowed due to legal regulations.
Price increases after three months are only allowed if agreed by the entrepreneur and:
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Are due to legal regulations.
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The consumer may terminate the contract from the day the increase takes effect.
All prices are subject to typographical errors, for which no liability is accepted. The entrepreneur is not obliged to deliver at the incorrect price.
Article 10 – Conformity and warranty
The entrepreneur guarantees that products/services comply with the contract, offer specifications, reasonable requirements of quality and/or usability, and applicable laws/regulations at the date of conclusion.
If agreed, the entrepreneur also guarantees suitability for non-normal use.
Manufacturer or importer warranties do not affect statutory rights.
Defects or incorrect deliveries must be reported within 30 days of delivery. Returns must be in original packaging and in new condition.
The entrepreneur’s warranty period matches the factory warranty. The entrepreneur is not responsible for individual suitability or advice regarding use.
Warranty does not apply if:
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Products were repaired or modified by the consumer or third parties.
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Products were exposed to abnormal circumstances or handled negligently or contrary to instructions.
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Defects result from governmental regulations regarding materials used.
Article 11 – Delivery and execution
The entrepreneur will handle orders with the utmost care.
Accepted orders will be executed promptly, no later than 30 days, unless agreed otherwise.
If delivery is delayed or impossible, the consumer will be informed within 30 days and may dissolve the contract free of charge and claim damages.
The entrepreneur will refund the consumer within 30 days after dissolution.
If delivery is impossible, a replacement will be provided if possible, with notification at delivery. Returns of replacements are at the entrepreneur’s expense.
Risk of damage or loss rests with the entrepreneur until delivery to the consumer or designated representative, unless agreed otherwise.
Article 12 – Long-term transactions: duration, termination, and renewal
Termination:
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Consumers may terminate indefinite contracts for regular delivery of products/services at any time with a maximum notice period of one month.
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Fixed-term contracts for regular delivery may be terminated at the end of the term with a maximum one-month notice.
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Consumers may always terminate contracts as agreed, in the same manner, and with the same notice period as the entrepreneur.
Renewal:
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Fixed-term contracts for regular delivery may not be silently renewed.
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Fixed-term subscriptions for newspapers and magazines may be renewed for up to three months, with the consumer able to terminate before the end of renewal.
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Fixed-term product/service contracts may only be renewed indefinitely if the consumer can terminate at any time with a maximum one-month notice (or three months for less frequent deliveries).
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Trial subscriptions automatically end after the trial period.
Duration:
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Contracts longer than one year may be terminated after one year with a one-month notice, unless fairness prevents early termination.
Article 13 – Payment
Unless agreed otherwise, payments are due within seven days after the start of the cooling-off period (Article 6, paragraph 1).
For service contracts, this period starts after confirmation of the agreement.
Consumers must immediately report any inaccuracies in payment information.
In case of default, the entrepreneur may charge reasonable costs previously communicated.
Article 14 – Complaints procedure
Complaints must be submitted within seven days after discovering the defect.
The entrepreneur responds within 14 days of receipt.
If more time is needed, the consumer receives acknowledgment within 14 days with an estimated response time.
Unresolved complaints may lead to disputes eligible for dispute resolution.
Complaints do not suspend obligations unless explicitly indicated.
If justified, the entrepreneur will replace or repair the product free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer are governed exclusively by Dutch law, even if the consumer resides abroad.