General terms and condition

General Terms and Conditions

Article 1 – DefinitionsIn these terms, 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 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, where the delivery and/or obligation to take receipt is spread over time.Durable data carrier: Any means that allows the consumer or entrepreneur to store information addressed personally to them in a manner that enables future consultation and unchanged reproduction of the stored information.Right of withdrawal: The possibility for the consumer to refrain from the distance contract within the cooling-off period. Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers. Distance agreement: An agreement in which, as part of a system organized by the entrepreneur for the remote sale of products and/or services, the agreement is concluded solely using one or more means of communication at a distance. Means of communication at a distance: A method that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time. 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 agreement within a cooling-off period of 30 days without stating any reasons. During the cooling-off period, the consumer will handle the product and packaging with care. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and, if possible, in the original condition, in accordance with reasonable conditions.

Article 3 – Applicability These general terms and conditions apply to any offer made by the entrepreneur and to any 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 will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer as soon as possible upon request free of charge. If the distance contract is concluded electronically, in deviation from 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or in another way. In the event that specific product or service conditions also apply in addition to these general conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in case of conflicting general conditions. If one or more provisions of these general conditions are entirely or partially null and void at any time or are annulled, the agreement and these conditions shall otherwise remain in effect, and the provision in question shall be replaced without delay in mutual consultation by a provision that reflects the intent of the original. Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms should 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 subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur is entitled to modify 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 allow 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 errors in the offer do not bind the entrepreneur. All images and specifications in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement. Images accompanying 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 information such that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This particularly concerns:

● Any shipping costs.

● The way in which the agreement will be concluded and what actions are necessary for that.

● Whether or not 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 level of the fee for communication at a distance if the costs of using the technology for remote communication are calculated on a different basis than the regular basic rate for the communication method used.

● Whether the agreement is archived after it is concluded and if so, how 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 under the agreement.

● Any other languages in which the agreement can be concluded, in addition to Dutch.

● The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically.

● The minimum duration of the remote agreement in the case of a continuing transaction. Optional: available sizes, colors, types of materials. 

Article 5 – The Agreement The agreement comes into effect, subject to the provisions of paragraph 4, at the moment from acceptance by the consumer of the offer and compliance with the conditions set forth. If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer through electronic means. 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 will take appropriate safety measures for this. The entrepreneur may inform himself – within legal frameworks – about whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons based on this research not to enter into the agreement, he is entitled to refuse an order or application with justification or to attach special conditions to the execution. The entrepreneur will send the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable data carrier:

● The visiting address of the entrepreneur's establishment where consumers can go with complaints.

● The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal.

● Information about guarantees and existing post-purchase service.

● The details included in Article 4, paragraph 3 of these terms, 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. Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal When purchasing products, the consumer has the option to dissolve the agreement without providing reasons for 30 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product. During the reflection period, the consumer will handle the product and 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 withdraws his right he shall return the product with all supplied accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 30 days of receiving the product. The consumer must do this by means of a written message or email. 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 that he wishes to exercise his right of withdrawal and/or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is A fact. 

Article 7 – Costs in case of withdrawal If the consumer makes use of his right of withdrawal, the costs for returning the products are borne by the consumer. 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 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 can exclude the consumer's right of withdrawal for certain 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, at least in time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: 

● That have been created by the entrepreneur according to specifications.

● Those clearly of a personal nature.

● Those that cannot be returned due to their nature.

● Those that can spoil quickly or age.

● Whose price is tied to 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 whose seal has been broken by the consumer.

● For hygienic products whose seal has been broken by the consumer.

Article 9 – The Price During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, unless price changes occur as a result of changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned may price indications are mentioned in the offer. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases after three months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 

● They are the result of legal regulations or provisions.

● The consumer has the right to terminate the agreement starting from the day on which 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 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 mentioned in the offer, and the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force at the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition. The warranty period of the entrepreneur corresponds to the factory 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 provided product or the 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 are otherwise handled carelessly or in violation of the instructions of the entrepreneur and/or have been mishandled as per the packaging.

● The defect is wholly or partly a result of regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and execution The entrepreneur will exercise the utmost care in receiving and in executing product orders. Considering the provisions mentioned in article 4 of these general terms and conditions, the company will execute accepted orders with due haste, but no later than within 30 days, unless the consumer agrees has gone with a longer delivery time. If the 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 at no cost and is entitled to any compensation. In the event of termination 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 termination. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipping are the responsibility 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 previously designated representative known to the entrepreneur, unless explicitly agreed otherwise. 

Article 12 – Duration transactions: duration, termination, and extension Termination The consumer may terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of up to one month. The consumer may terminate an agreement that has been entered into for a definite period and that involves the regular delivery of products (including electricity) or services at any time at the end of the definite term, subject to the agreed termination rules and a notice period of up to one month. The consumer can terminate the agreements referred to in the previous sections: 

● at any time without being limited to termination at a specific time or within a certain period;

● at least terminate in the same manner as they were entered into;

● always terminate with the same notice period as the entrepreneur has stipulated for themselves. Renewal An agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services, may not be silently extended or renewed for a certain duration. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed term and involves the regular delivery of daily, news, and weekly papers and magazines may be silently extended for a maximum duration of three months, provided that 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 that is entered into for a fixed term and that concerns the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate it at any time with a notice period of at most one month and a notice period of at most three months in case the agreement concerns the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. An agreement with a fixed duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end after the purchase 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed term fix the 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 once the consumer has received confirmation of the agreement. The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance. 

Article 14 – Complaint Procedure Complaints about the execution of the agreement must be submitted in full and clearly described to the entrepreneur within seven days after the consumer has identified the defects. Complaints submitted to the entrepreneur are handled A response will be provided within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure. 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 discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This applies even if the consumer resides abroad.