General terms and conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following is understood to mean:
Cooling-off period: The period within which the consumer can make use of his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing transaction: A distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information that is personally addressed to him in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: The possibility 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 in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Means for distance communication: Means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same room.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and the packaging with care.
If the consumer makes use of his right of withdrawal, he shall return the product with all supplied accessories and, if reasonably 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 of the entrepreneur and to every distance contract and orders between entrepreneur and 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, it shall be indicated, before the distance contract is concluded, that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance 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 shall be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge, either electronically or otherwise, at his request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, then the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced by mutual agreement immediately by a provision that approaches the purpose of the original as much as possible.
Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our conditions must be explained ‘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 shall be expressly 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 offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious 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 agreement.
Images with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly correspond to the actual colors 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 concerns in particular:
– any shipping costs;
– the way in which the agreement will be concluded and what actions are necessary for that;
– the applicability or non-applicability of the right of withdrawal;
– the method of payment, delivery, and execution of the agreement;
– the period for acceptance of 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 for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
– whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer;
– the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by him in the context of the agreement;
– the possible other languages in which, besides Dutch, the agreement can be concluded;
– the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically;
– the minimum duration of the distance contract in the case of a continuing transaction;
– optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with 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 the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for that purpose.
The entrepreneur may, within legal frameworks, ascertain 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 good grounds not to enter into the agreement, he is entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution.
The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
– 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 make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– the information about guarantees and existing after-sales service;
– the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before 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 continuing transaction, the provision in the previous paragraph applies only to the first delivery. Each 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 possibility to dissolve the agreement without giving reasons for 30 days.
This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.
During the reflection period, the consumer shall handle the product and packaging carefully. He shall only unpack or use the product to the extent necessary to determine whether he wishes to keep the product.
If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur of this within 30 days after receipt of the product. The consumer must do so by written message or e-mail.
After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal and/or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products are for the consumer’s account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition here is that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be 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. The exclusion of the right of withdrawal applies only 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 created by the entrepreneur according to the consumer’s specifications;
– that are clearly personal in nature;
– that cannot be returned due to their nature;
– that can spoil or age quickly;
– whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
– for individual newspapers and magazines;
– for media and video recordings and computer software of which the consumer has broken the seal;
– for hygienic products of which the consumer has broken the seal.
Article 9 – The Price
During the validity period mentioned in the offer, the prices of the offered products and/or services shall 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 bound to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that stated prices are target prices will be mentioned in the offer.
Price increases within three months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
– these are the result of statutory regulations or provisions; or
– the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to 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 reliability and/or usability, and the existing statutory provisions and/or government regulations 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 guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return of the products must be made in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the factory warranty period. 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 warranty does not apply if:
– the consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
– the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or have been treated contrary to the entrepreneur’s instructions 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 take the greatest possible care when receiving and executing orders for products.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If the delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will receive notice of this no later than 30 days after placing the order. The consumer then has the right to dissolve the agreement free of charge and the right to any compensation.
In the event 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 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur’s account.
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 representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuing Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which extends to 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 may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:
– at any time and not be limited to termination at a specific time or in a specific period;
– at least in the same way as they were entered into by him;
– always with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement extends to 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) shall not be tacitly continued and ends automatically after the end of 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 seven working days after the start of the reflection period referred to in Article 6 paragraph 1.
In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within seven 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 respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, 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 found justified by the entrepreneur, the entrepreneur will, at its option, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
This also applies if the consumer resides abroad.