General terms and conditions

Terms and Conditions

1. Definitions

1.1 In these Terms and Conditions, the following terms are defined as follows:

  • Cooling-off Period: The period during which the consumer can exercise the right of withdrawal.
  • Consumer: A natural person who does not act 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 concerning a series of products and/or services, with delivery and/or purchase obligations spread over time.
  • Durable Medium: Any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
  • Right of Withdrawal: The consumer’s right to withdraw from the distance contract within the cooling-off period.
  • Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
  • Distance Contract: A contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where only techniques for distance communication are used up to and including the conclusion of the contract.
  • Technique for Distance Communication: A means that can be used to conclude a contract without the consumer and entrepreneur being in the same room simultaneously.
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

2. Identity of the Entrepreneur

3. Applicability

3.1 These General Terms and Conditions apply to all offers from the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer.

3.2 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 free of charge upon request.

3.3 If the distance contract is concluded electronically, the text of these General Terms and Conditions can be provided electronically in a manner that allows the consumer to store it easily on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge upon request.

3.4 If, in addition to these General Terms and Conditions, specific product or service terms apply, the second and third paragraphs of this article apply accordingly. In the case of conflicting General Terms and Conditions, the consumer may always rely on the provision that is most favorable to them.

3.5 If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or voided, the remainder of the agreement and these terms will remain in force. The invalid or voided provision will be replaced by a valid provision that comes as close as possible to the intended purpose of the original provision.

3.6 Situations not covered by these General Terms and Conditions must be assessed in the spirit of these General Terms and Conditions.

3.7 Uncertainties regarding the interpretation or content of one or more provisions of these terms should be interpreted in the spirit of these General Terms and Conditions.

4. The Offer

4.1 If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

4.2 The offer is non-binding. The entrepreneur is entitled to change or adjust the offer.

4.3 The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough 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 errors in the offer are not binding on the entrepreneur.

4.4 All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or dissolution of the contract.

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

4.6 Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, specifically:

  • The price including taxes;
  • Any shipping costs;
  • The manner in which the contract will be concluded and what actions are required;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the contract;
  • The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
  • The rate for distance communication if the costs are calculated on a basis other than the regular base rate for the communication medium used;
  • Whether the contract will be archived after conclusion and, if so, how the consumer can access it;
  • The manner in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract;
  • Any other languages in which the contract can be concluded, besides Dutch;
  • The way the consumer can access these codes electronically; and
  • The minimum duration of the distance contract in the case of a duration transaction.

5. The Contract

5.1 The contract 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 set.

5.2 If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of 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 contract.

5.3 If the contract 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 also take appropriate security measures.

5.4 The entrepreneur may, within legal frameworks, inform themselves of whether the consumer can meet their payment obligations, as well as of all facts and factors that are relevant for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has valid grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach specific conditions to the execution.

5.5 The entrepreneur will provide the consumer with the following information in writing or in a manner that allows the consumer to store it easily on a durable medium:

  • The visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
  • The terms and conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
  • Information on warranties and existing after-sales service;
  • The details included in Article 4, paragraph 3, unless these details have already been provided to the consumer before the execution of the contract;
  • The requirements for terminating the contract if the contract is for more than one year or for an indefinite period.

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

5.7 Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

6. Right of Withdrawal

6.1 When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer in advance and notified to the entrepreneur, receives the product.

6.2 During the cooling-off period, the consumer will handle the product and the 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 the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

6.3 If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The notification should be made in writing or by email. After notifying the entrepreneur of the intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example by providing proof of shipment.

6.4 If the consumer has not notified their intention to withdraw within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

7. Costs in Case of Withdrawal

7.1 If the consumer exercises the right of withdrawal, the costs of returning the products are for the consumer’s account.

7.2 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, provided that the product has been received back by the webshop or conclusive proof of complete return can be provided.

8. Exclusion of the Right of Withdrawal

8.1 The entrepreneur may 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, or at least in time before concluding the contract.

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

  • Made to the consumer’s specifications;
  • Clearly personal in nature;
  • Which by their nature cannot be returned;
  • Which may spoil or deteriorate quickly;
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control.