General terms and conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer may exercise their right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing transaction: A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
Durable data carrier: Any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: A method that can be used to conclude a contract without the consumer and entrepreneur being together in the same room at the same time.
General 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 its packaging with care.

If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, then contrary to the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable data carrier. If this is not reasonably possible, the consumer shall be informed where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in case of conflicting conditions, the consumer may rely on the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions shall continue to apply, and the void provision shall be replaced by a provision that approximates the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these terms. Any ambiguities regarding the interpretation or content of one or more provisions 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 subject to conditions, this shall be expressly 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 offered products and/or services. The description is sufficiently detailed to enable proper assessment of the offer by the consumer.

If the entrepreneur uses images, these shall be 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 items. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

  • Any shipping costs;

  • The method by which the contract will be concluded and which actions are required;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and performance of the contract;

  • The period during which the offer may be accepted, or the period for which the entrepreneur guarantees the price;

  • The rate for distance communication if it differs from the standard rate;

  • Whether the contract will be archived after conclusion, and how it can be accessed by the consumer;

  • The way the consumer can check and correct provided information before concluding the contract;

  • The possible languages in which the contract may be concluded;

  • Any codes of conduct the entrepreneur is subject to, and how the consumer can consult these electronically;

  • The minimum duration of a distance contract in the case of a continuing transaction;

  • Optional: available sizes, colors, materials.

Article 5 – The Contract

Subject to the provisions in paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfills the associated conditions.

If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been received, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may — within legal limits — verify whether the consumer can meet their payment obligations, as well as any facts and factors important for responsibly concluding a distance contract. If the entrepreneur has legitimate grounds not to enter the contract based on this investigation, they are entitled to refuse an order or attach special conditions to execution.

The entrepreneur shall provide the consumer with the following information in writing or in a durable data format accessible to the consumer:

  • The physical address of the entrepreneur’s business location where complaints can be submitted;

  • The conditions and method for exercising the right of withdrawal, or clear notification if the right of withdrawal is excluded;

  • Information regarding warranties and after-sales service;

  • The data referred to in Article 4(3), unless already provided prior to execution;

  • The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the previous paragraph applies only to the first delivery.

Each contract is entered into under the suspensive condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without stating any reason for up to 30 days.

This cooling-off period starts on the day after the consumer or a designated representative receives the product.

During the cooling-off period, the consumer shall handle the product and packaging with care and only use or inspect it to the extent necessary to determine whether they wish to keep it.

If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and — if reasonably possible — in its original condition and packaging, in accordance with reasonable and clear instructions from the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, he must notify the entrepreneur within 30 days of receiving the product, by written message or email.

After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the goods were returned in time, for example with a shipping receipt.

If the consumer fails to notify within the period stated in paragraph 2 and 3 and/or does not return the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the return shipping costs are borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this as soon as possible and no later than 30 days after withdrawal, provided that the product has already been received or sufficient proof of return has been supplied.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for certain products as described in paragraphs 2 and 3. Exclusion is only possible if clearly stated in the offer or before the contract is concluded.

Exclusion is only possible for products:

  • Produced according to consumer specifications;

  • Clearly personal in nature;

  • That cannot be returned due to their nature;

  • That can spoil or age quickly;

  • Whose price is subject to financial market fluctuations beyond the entrepreneur’s control;

  • Newspapers and magazines;

  • Audio/video recordings or software where the seal has been broken;

  • Hygiene products where the seal has been broken.

Article 9 – The Price

During the validity period stated in the offer, prices will not be increased except due to VAT changes.

Contrary to the previous paragraph, products or services subject to financial market fluctuations beyond the entrepreneur’s control may be offered with variable prices. This dependency on fluctuations and the indicative pricing shall be stated in the offer.

Price increases within 3 months after conclusion of the contract are only allowed if due to legal regulations.

Price increases after 3 months are only allowed if agreed in advance and:

  • Required by law;

  • The consumer can terminate the contract on the day the increase takes effect.

All prices are subject to printing and typographical errors. The entrepreneur is not obliged to deliver products at an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of reliability and/or usability, and with applicable legal requirements at the time of the contract.

If agreed, the entrepreneur also guarantees suitability for non-standard use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not limit the consumer’s legal rights.

Defects or incorrectly delivered products must be reported in writing within 30 days of delivery. Returns must be in original packaging and unused condition.

The warranty period equals the manufacturer’s warranty. The entrepreneur is never responsible for the ultimate suitability of a product for each individual consumer, nor for any advice given regarding use or application.

Warranty does not apply if:

  • The consumer has repaired or altered the product or had it done by others;

  • The product was exposed to abnormal conditions or handled carelessly;

  • The defect arises from government regulations concerning the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise due care when receiving and fulfilling product orders.

Subject to Article 4, accepted orders shall be executed expeditiously, but no later than 30 days, unless the consumer agrees to a longer period.

If delivery is delayed or an order cannot be fulfilled, the consumer shall be informed within 30 days. The consumer may then terminate the contract and is entitled to a refund.

In case of termination, the entrepreneur shall refund the consumer as soon as possible and within 30 days.

If delivery of a product proves impossible, the entrepreneur shall make efforts to offer a replacement item, clearly informing the consumer.

Replacement items cannot exclude the right of withdrawal. Return shipping costs are borne by the entrepreneur.

The risk of damage or loss remains with the entrepreneur until delivery to the consumer or designated representative.

Article 12 – Continuing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an indefinite contract for recurring deliveries at any time, with a maximum notice period of one month.

A fixed-term contract for recurring deliveries may be terminated by the consumer at the end of the term with a notice period of one month.

The consumer may:

  • Terminate at any time without restriction to a specific period;

  • Terminate in the same way the contract was entered;

  • Always terminate with the same notice period the entrepreneur uses.

Renewal

A fixed-term contract may not be automatically renewed.

Exceptions:

  • Newspapers and magazines may be extended for up to 3 months if the consumer can cancel with 1 month’s notice.

  • Recurring product/service contracts may only renew indefinitely if the consumer may terminate with 1 month’s notice (or 3 months for less-than-monthly deliveries).

Trial subscriptions end automatically and are not renewed.

Duration

If a contract lasts longer than one year, the consumer may terminate at any time after one year with up to one month’s notice.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven business days after the cooling-off period begins.

For services, this period begins once the consumer receives confirmation of the contract.

The consumer must report inaccuracies in payment details immediately.

If the consumer fails to pay, the entrepreneur may charge reasonable costs, subject to legal limits.

Article 14 – Complaints Procedure

Complaints about execution of the contract must be submitted fully and clearly within seven days after the consumer discovers defects.

Complaints are answered within 14 days. If more time is needed, the consumer will receive an acknowledgment and an estimated response time.

If a complaint cannot be resolved, it becomes a dispute subject to dispute settlement.

A complaint does not suspend the consumer’s obligations unless the entrepreneur indicates otherwise.

If the complaint is justified, the entrepreneur may repair or replace the product free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer resides abroad.