General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which 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 allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option to cancel the distance contract within the withdrawal period;

Model withdrawal form: the model withdrawal form provided by the entrepreneur that the consumer can fill out when they wish 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 sales of products and/or services, where exclusive or joint use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.

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

Article 2 – Identity of 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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected and that they will be sent free of charge at the consumer's request as soon as possible.

If the distance contract is concluded electronically, 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 it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the consumer's request, either electronically or otherwise.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting terms.

If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the remaining provisions and the agreement will remain in force, and the relevant provision will be replaced by mutual agreement with a provision that approximates the original as closely as possible.

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

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should 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 will be explicitly stated in the offer.

The offer is non-binding. 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

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

All prices, articles and pictures on the web store are subject to printing, typesetting and typing errors.

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 including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for accepting the offer or the period within which the entrepreneur guarantees the price;
• the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the communication medium used;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the manner in which the consumer can check and, if necessary, correct the data provided by them in the context of the agreement before concluding it;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
• the minimum duration of the distance contract in the case of a duration transaction.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the acceptance, 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, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds to decline the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it on a durable medium in an accessible manner:

• the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about warranties and existing after-sales service;
• the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

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

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

For the delivery of products:

• When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after the consumer receives the product or a representative designated in advance by the consumer and made known to the entrepreneur.
• During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
• If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product. The consumer must make this known using the model withdrawal form or another communication method such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of shipment.
• If the consumer does not indicate that they wish to exercise their right of withdrawal or does not return the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.
• The return will be at the entrepreneur's expense. You can request a return label via the warranty or right of withdrawal page.

For the delivery of services:

• For the delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
• To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the costs of returning the goods.

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 subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment has been 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 any reduction in the value of the product.

The consumer cannot be held liable for a reduction in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before the purchase agreement was concluded.

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 applies only if the entrepreneur has clearly stated this in the offer, at least in time before the agreement is concluded.

The right of withdrawal can be excluded for products:

• that have been manufactured by the entrepreneur according to the consumer's specifications;
• that are clearly personalized;
• 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 for which the consumer has broken the seal or has instructed the company to install them.
• for hygiene products for which the consumer has broken the seal.

The right of withdrawal can be excluded for services:

• relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has begun with the consumer's explicit consent before the reflection period has expired;
• relating to bets and lotteries.
• Persons acting in the course of a profession or business cannot exercise the consumer's right of withdrawal as described in Article 6. A person acting in the course of a profession or business can, at most, exchange a product for an equivalent one or receive a credit note for the purchase amount when returning the product.

Article 9 – The price

During the validity period stated 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 over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and 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:

• they result from legal regulations or provisions; or
• the consumer has the right to terminate the agreement as of the date the price increase takes effect.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting 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 warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any 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 or modified the delivered products themselves or had them repaired or modified by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
• the defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and assessing requests for the provision of services.

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

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously 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 or can only partially be executed, the consumer will be informed of this no later than 30 days after they have placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 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 delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

Termination:

• The consumer can terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
• The consumer can terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.
• The consumer can terminate the agreements mentioned in the previous paragraphs:
• at any time and is not limited to termination at a specific time or in a specific period;
• at least in the same manner as they were entered into;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

• An agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• Contrary to the previous paragraph, an agreement entered into for a definite period and which provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
• An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of agreements providing for 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 (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination 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 reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the consumer the reasonable costs previously communicated to the consumer.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months 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 the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute resolution procedure.

In the event of complaints, the consumer should first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and if complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge.

Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the ruling of which is binding, and both the entrepreneur and the consumer agree to this binding ruling.

Submitting a dispute to this disputes committee entails costs that the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

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 their choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them on a durable medium in an accessible manner.