General terms and conditions
Article 1
- DefinitionsIn these terms and conditions, the following definitions are used:Withdrawal period: the period within which the consumer can make use of his right of withdrawal;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;Day: calendar day;Extended transaction: a distance contract that relates to a series of goods and/or services, the delivery and/or purchase obligation of which is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the
the stored information. Right of withdrawal: the possibility for the entrepreneur: the natural or legal person who offers consumers goods and/or services at a distance; Distance contract: an agreement whereby, in the context of a system organised by the entrepreneur for distance selling of goods and/or services, up to and including the moment at which the agreement is concluded, exclusively one or more techniques for distance communication; means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time. General terms and conditions: these general terms and conditions of the entrepreneur
Article 2
- Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. Before the distance contract is concluded, 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, it will be indicated that the general
conditions can be viewed at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium before the distance contract is concluded. If this is not reasonably possible
, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the consumer's request. electronically or otherwise. If special product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him. Should one or more provisions of these general terms and conditions be or become void at any time, in whole or in part,
the contract and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates as closely as possible to the purport and purpose of the original provision.
Situations not covered by these terms and conditions shall be assessed in the spirit of these terms and conditions. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions shall be resolved in the spirit of these terms and conditions.
Article 3
– The offerlf an offer has a limited period of validity or is made subject to conditions, this must be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt 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, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and can not be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The entrepreneur can not guarantee that the displayed colours exactly match the actual colours of the products. Each offer contains information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular: the possible delivery costs; the way in which the agreement will be concluded and which actions are necessary for this; whether or not there is a 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 distance communication tariff if the costs of using the technique for distance communication are calculated on a basis other than the standard basic rate for the means of communication used; whether the contract will be archived after it has been concluded and, if so, how it can be consulted by the consumer; the manner in which the consumer, prior to concluding the contract, can check the information provided by him under the contract and, if so, how to correct it; whether the contract can be concluded in languages other than Dutch; the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of an extended transaction. Optional: available sizes, colours, type of materials.
Article 4
-The agreement Subject to the provisions in paragraph 4, the agreement shall be concluded at the moment at which the consumer accepts the offer and fulfils the conditions set out in it. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. The consumer may dissolve the contract as long as the entrepreneur has not confirmed receipt of this acceptance. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure internet environment. If the consumer is able to pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may, within the limits of the law, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has sound reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, stating reasons. Together with the product or service, the trader provides the consumer with the following
information in writing or in such a way that the consumer can store it on a durable medium, together with the product or service: a. the address of the trader's business premises where the consumer can lodge a complaint; b. 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; c. the information on guarantees and existing after-sales service; d. the information included in article 4 paragraph 3 of these conditions, unless the trader has already provided these to the consumer before the execution 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 the event of an agreement, the provision in the previous paragraph shall only apply to the first delivery. Each agreement shall be concluded under the suspensive condition of sufficient availability of the products concerned.
Article 5
- Right of withdrawal When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period shall commence on the day following receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur. During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to
assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur of this within 14 days of receipt of the product. The consumer should communicate this in the form of a written message/e-mail. After the consumer has expressed his wish to make use of his right of withdrawal, the customer must return the product
within 14 days. The consumer must prove that the delivered
that the delivered items have been returned on time, for example by means of proof of dispatch. If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not expressed the wish to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 6
- Costs in case of withdrawal If the consumer exercises his right of withdrawal, he shall bear the costs of returning the product. If the consumer has paid a sum of money, the trader will refund this as quickly as possible, though at the latest within 14 days following withdrawal. This is on condition that the product has already been returned to the trader, or conclusive proof of complete return
can be provided.
Article 7
- Exclusion of right of withdrawal The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, or at least in good time prior to the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that have been manufactured by the entrepreneur according to the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. the price of which is subject to fluctuations on the financial market on 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 items of which the consumer
has broken the seal. The exclusion of the right of withdrawal is only possible for services: a. in the areas of accommodation, transport, catering or leisure activities to be carried out 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 end of the cooling-off period; c. in the case of betting and lotteries.
Article 8
- The price During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, with variable prices. This link with fluctuations, and the fact that the prices mentioned are target prices, shall be stated in the offer. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory
statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and: a. they arise from statutory regulations or provisions; or b. the consumer is entitled to terminate the contract on the day the price increase comes into effect. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 9
– Conformity and warranty The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for other than normal use. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement. Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. Return of the products should be in original packaging and in new condition. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is 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 modified the delivered products himself or has had them repaired and/or modified by third parties; the delivered products have been exposed to abnormal conditions or otherwise or otherwise treated contrary to the instructions of the entrepreneur and/or on the packaging; the inadequacy is wholly or partly the result of regulations that the state has made or will make with regard to the nature or quality of the materials used.
Article 10
- Delivery and execution The company will take the greatest possible care when receiving and executing product orders. Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously but within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will be informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without costs and without being entitled to any compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than within 14 days of dissolution. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are at the expense 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 pre-designated and known representative, unless explicitly agreed otherwise.
Article 11
– Extended duration transactions: duration of termination and renewalTerminationThe Consumer may at all times terminate an open-ended contract that was concluded for the regular delivery of goods (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may terminate a contract with a fixed term that was concluded for the regular delivery of goods (including electricity) or services at any time with effect from the end of the fixed-term period, with due observance of the agreed termination rules and a notice period of no more than one month. The consumer may terminate the contracts mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or within a specific period; he may at least terminate them in the same way as he concluded them; he may always terminate them with the same notice period as the entrepreneur stipulated for himself. ExtensionA fixed-term contract that has been concluded for the regular delivery of goods (including electricity) or the provision of services may not be tacitly extended or extended for a fixed period. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month. A fixed-term contract that has been concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and with a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers or magazines, but less than once a month. A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of a trial subscription (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period. Duration If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless termination before expiry of the agreed duration is inadmissible for reasons of reasonableness and fairness.
Article 12
- PaymentUnless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days following the commencement of the reflection period mentioned in Article 6, paragraph 1. In case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement. The consumer has the duty to report inaccuracies in the provided or mentioned payment data to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.
Article 13
- Complaints procedure Complaints about the implementation of the contract should be submitted fully and clearly described to the entrepreneur 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 reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply. If the complaint cannot be resolved in joint consultation, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 14
- Disputes Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general conditions apply. Even if the consumer lives abroad.