Terms and conditions

Table of Contents Article

1. Definitions Article
2. Identity of the entrepreneur Article
3. Applicability Article
4. The offer Article
5. The agreement Article
6. Right of withdrawal Article
7. Costs in case of withdrawal Article
8. Exclusion of the right of withdrawal Article
9. The price Article
10. Conformity and warranty Article
11. Delivery and performance Article
12. Continuous transactions: duration, termination, and extension Article
13. Payment Article
14. Complaints procedure Article
15. Disputes Article
16. Additional or deviating provisions

Article 1 – Definitions In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal; Consumer: the natural person who does not act in the course of their profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Continuous transaction: a distance contract related to a series of products and/or services, the performance of which is spread over time; Durable medium: any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and unaltered reproduction of the stored information. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period; Model withdrawal form: the model withdrawal form provided by the entrepreneur, which a consumer can complete when they wish to exercise their right of withdrawal. Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers; Distance contract: a contract within the framework of an organized system for distance selling of products and/or services by the entrepreneur, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract; Means of distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

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Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between the entrepreneur and the consumer.

Before the conclusion of the distance contract, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions are available for inspection at the entrepreneur's and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be reviewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another manner.

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

If one or more provisions in these general terms and conditions are void or are annulled in whole or in part at any time, the agreement and these terms and conditions shall remain in force for the rest, and the respective provision shall be replaced by a provision that reflects the intention of the original as closely as possible, by mutual agreement.

Matters not governed by these general terms and conditions shall be assessed according to the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions in our terms and conditions shall be interpreted according to the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this is explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Clear errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to any compensation or termination of the agreement.

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

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

• the price including taxes;
• any costs of delivery;
• the manner in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• 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 rate of communication at a distance if the costs for the use of the technology for communication at a distance 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, how the consumer can access it;
• how the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
• any other languages in which, besides Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted 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 a continuous transaction.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions stipulated therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer by electronic means. As long as the entrepreneur has not confirmed this acceptance, the consumer may 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 provide a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur can, within legal frameworks, ascertain whether the consumer can fulfill their payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse a request or order or to attach special conditions to its execution, providing a reasoned explanation.

With the product or service, the entrepreneur shall send the consumer the following information in writing or in a way that allows the consumer to store it in a durable medium in an accessible manner:

• The physical address of the entrepreneur's establishment where the consumer can address complaints;
• The conditions and method for the consumer to exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information about warranties and existing after-sales services;
• The information mentioned 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 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 continuous 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

In the case of the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This cooling-off period begins on the day after the consumer or a pre-designated representative, who is known to the entrepreneur, receives the product. During the cooling-off period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he shall return the product to the entrepreneur with all accessories supplied 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 exercise his right of withdrawal, he is obliged to do so within 14 days after receiving the product. The consumer must make this known to the entrepreneur via the model withdrawal form or by means of another clear statement, such as by email. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of a proof of dispatch. If the consumer has not indicated that he wishes to exercise his right of withdrawal and has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is final.

In the case of the delivery of services:

When delivering services, the consumer has the option to dissolve the agreement without giving any reasons for at least 14 days, starting on the day the agreement is entered into. To exercise his right of withdrawal, the consumer shall 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, the maximum cost of return shall be borne by the consumer. If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received by the online retailer or conclusive evidence of complete return can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly gives permission for a different payment method. In the case of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in value of the product. The consumer cannot be held liable for the decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

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 mentioned this in the offer, at least in a timely manner before the conclusion of the agreement.

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

• That are custom-made according to the consumer's specifications;
• That are clearly personal in nature;
• That, due to their nature, cannot be returned;
• That are perishable or liable to age quickly;
• Whose price is tied to fluctuations in the financial market that the entrepreneur cannot control;
• For loose newspapers and magazines;
• For audio and video recordings and computer software where the consumer has broken the seal;
• For hygienic products where the consumer has broken the seal.

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

• Concerning accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
• Whose delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
• Concerning bets and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. The fact that these prices are subject to fluctuations and any mentioned prices are indicative shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed 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 day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

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 obligated 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, meet the reasonable requirements of soundness and/or usability, and comply with the legal regulations and/or government provisions existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not diminish the legal rights and claims that the consumer may assert against the entrepreneur based on the agreement. All products are covered by statutory warranty. The duration of the statutory warranty may vary based on the nature of the product. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery. 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 treated with negligence or are in violation of the instructions of the entrepreneur and/or have been treated in a manner contrary to the packaging.
• The inadequacy 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 Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and assessing applications for the provision of services. The place of delivery is the address that the consumer has provided to the company. Subject to what is stated in paragraph 4 of this article, the company shall execute accepted orders promptly and 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 executed or only partially executed, the consumer will be notified within 30 days after placing the order. In such case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated delivery times. Exceeding a deadline does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount the consumer paid as soon as possible but no later than 14 days after dissolution. If delivery of a ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and understandably communicated that a replacement item is being delivered, no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be 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 designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Contracts: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement entered into for an indefinite period and which aims to deliver products (including electricity) or services on a regular basis at any time, observing the agreed termination rules and a notice period of no more than one month. The consumer can terminate an agreement entered into for a fixed term and which aims to deliver products (including electricity) or services on a regular basis at any time, towards the end of the specified duration, observing the 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, not limited to termination at a specific time or during a specific period;
• Terminate them in the same manner in which they were entered into;
• Always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a fixed term and which aims to deliver products (including electricity) or services on a regular basis may not be renewed or extended for a specified duration without the explicit consent of the consumer. In deviation from the previous paragraph, an agreement entered into for a fixed term and which aims to deliver daily, news, and weekly newspapers, and magazines may be renewed automatically for a specified duration of no more than three months if the consumer can terminate this extended agreement towards the end of the renewal period with a notice period of no more than one month. An agreement entered into for a fixed term and which aims to deliver products or services may only be renewed automatically for an indefinite duration if the consumer can 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 aims to deliver daily, news, and weekly newspapers, and magazines, but less than once a month. An agreement with a limited duration for the regular introduction of daily, news, and weekly newspapers, and magazines (trial or introductory subscription) will not be renewed automatically and will end 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 cooling-off period as referred to in Article 6 paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement. The consumer has the obligation to immediately report inaccuracies in the provided or stated payment details to the entrepreneur. In the event of the consumer's default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles complaints in accordance with this complaints procedure. Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within 2 months after the consumer has identified 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 14-day period with a message of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute settlement procedure. In case of complaints, the consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved through mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to submit the dispute to the independent dispute committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both the entrepreneur and the consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which the consumer must pay to the respective committee. It is also possible to file 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 valid by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad. The Vienna Sales Convention is not applicable.

Article 16 – Additional or Different Provisions

Additional provisions or provisions deviating 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.