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 can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who 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, where the delivery and/or purchase obligation is spread over time;
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.
Right of withdrawal: the option for the consumer 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 concluded within the framework of an organised system for distance selling of products and/or services by the entrepreneur, whereby up to and including the conclusion of the contract, only one or more means of distance communication are used.

Means of distance communication: any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.

General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name
Chamber of Commerce number
VAT number
Address

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 will be made available to the consumer. If this is not reasonably possible, it will be indicated, prior to the conclusion of the distance contract, that 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 as soon as possible upon request.

If the distance contract is concluded electronically, then, by way of derogation from 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, 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.

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

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

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

Any ambiguities regarding the interpretation or content of one or more provisions of our 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 period of validity or is made under conditions, this will be explicitly stated 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 offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. 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 termination of the agreement.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

  • the price, excluding clearance costs and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service will collect VAT (whether or not together with the charged clearance costs) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and performance of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication, if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;
  • whether the agreement will be archived after its conclusion, and if so, how the consumer can access it;
  • the way in which the consumer can verify and, if desired, correct the data provided by them before concluding the agreement;
  • any other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the entrepreneur has committed and how the consumer can access these codes electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

    Optional: available sizes, colours, type of materials.

    Article 5 – The agreement
    The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions set therein.

    If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as this receipt has not been confirmed by the entrepreneur, the consumer may 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 and shall ensure a secure online environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

    The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request with justification, or to attach special conditions to its execution.

    The entrepreneur will include the following information with the product or service, either in writing or in such a way that it can be easily stored by the consumer on a durable data carrier:

    • the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
    • information on warranties and existing after-sales service;
    • the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer.

      the consumer provided before the performance of the agreement;

      • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

      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 relevant products.

      Article 6 – Right of withdrawal
      When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance and made known to the entrepreneur, receives the product.

      During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product 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 delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

      If the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. This notification must be made via a written message or email. After the consumer has indicated their intention to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that.

      the delivered goods have been returned on time, for example by means of proof of shipment.

      If the customer has not indicated within the time limits referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final

      Article 7 – Costs in case of withdrawal
      If the consumer makes use of their right of withdrawal, the costs of returning the products shall be borne by the consumer.

      If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop or conclusive proof of complete return shipment can be provided.

      Article 8 – Exclusion of the right of withdrawal
      The entrepreneur may 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 the conclusion of the agreement.

      Exclusion of the right of withdrawal is only possible for products:

      that have been manufactured by the entrepreneur in accordance with the consumer’s specifications;
      that are clearly of a personal nature;
      that cannot be returned due to their nature;
      that can spoil or age quickly;
      whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
      for loose newspapers and magazines;
      for audio and video recordings and computer software whose seal has been broken by the consumer;
      for hygiene products whose seal has been broken by the consumer.

      Exclusion of the right of withdrawal is only possible for services:
      relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
      the performance of which has started with the consumer’s explicit consent before the cooling-off period has expired;
      relating to betting 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 resulting from changes in VAT rates.

      In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations, as well as the fact that any stated prices 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 result from legal regulations or provisions.



      Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

      • these are the result of statutory regulations or provisions; or
      • the consumer has the right to terminate the agreement from the day the price increase takes effect.

      The place of delivery is, based on Article 5(1) of the Dutch VAT Act 1968, in the country where transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will charge import VAT and/or clearance costs to the recipient. Therefore, no VAT will be charged by the entrepreneur.

      All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical 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, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

      Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

      Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be sent back in their original packaging and in new condition.

      The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

      The warranty does not apply if:

      • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
      • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or instructions on the packaging;
      • The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

        Article 11 – Delivery and performance
        The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.

        The place of delivery is the address that the consumer has made known to the company.

        Taking into account the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any possible compensation.

        In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

        If delivery of an ordered product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

        The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated and made known representative, unless expressly agreed otherwise.

        Article 12 – Duration transactions: duration, termination and extension

        Termination
        The consumer may at any time terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.