Terms and Conditions

Article 1 – Definitions

In these terms and conditions, 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 who enters into a distance contract with the entrepreneur.
  • Day: a calendar day.
  • Long-term transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or receive is spread over time.
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
  • Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
  • Distance contract: a contract concluded within the framework of an organized system for selling products and/or services remotely, using one or more techniques for remote communication up to and including the conclusion of the contract.
  • Means of remote communication: any means that can be used for concluding a contract without the consumer and the entrepreneur being simultaneously present in the same location.
  • Terms and Conditions: these Terms and Conditions of the entrepreneur.

 

Article 2 – Right of Withdrawal

  1. The consumer has the right to withdraw from the contract within a cooling-off period of 14 days without providing any reason.
  2. During the cooling-off period, the consumer must handle the product and its packaging with care. If the consumer exercises their right of withdrawal, they must return the product with all included accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
  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 are available for inspection at the entrepreneur’s premises and that they will be sent free of charge upon request by the consumer.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be accessed electronically and that they will be sent to the consumer free of charge upon request, either electronically or by other means.
  4. If specific product or service conditions apply alongside these general terms and conditions, the second and third paragraphs of this article shall apply accordingly. In the event of conflicting terms, the consumer may always invoke the applicable provision that is most favorable to them.
  5. If any provision of these general terms and conditions is found to be null and void or invalidated, the remainder of the agreement and these terms shall remain in effect, and the invalid provision shall be replaced in mutual consultation with a provision that as closely as possible reflects the original intent.
  6. Situations not covered by these general terms and conditions shall be assessed in the spirit of these terms and conditions.
  7. Any uncertainties regarding the interpretation or content of any provisions shall be explained in the spirit of these general terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer includes a complete and accurate description of the offered products and/or services, ensuring a proper assessment by the consumer. If images are used, they are a true representation of the products and/or services offered. However, obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and descriptions in the offer are indicative and cannot be a reason for compensation or contract termination. The entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.
  5. Every offer contains sufficient information for the consumer to understand their rights and obligations when accepting the offer, including:
    • Any applicable shipping costs.
    • The process for concluding the contract and the necessary actions.
    • The applicability of the right of withdrawal.
    • The payment, delivery, and contract execution terms.
    • The validity period of the offer or the period during which the entrepreneur guarantees the price.
    • The minimum duration of the distance contract in case of a long-term transaction.

Article 5 – The Contract

  1. The contract is formed when the consumer accepts the offer and complies with the stipulated conditions.

  2. If the consumer accepts the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. Until this acceptance is confirmed, the consumer may terminate the contract.

  3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur shall implement appropriate security measures.

  4. The entrepreneur may investigate whether the consumer can meet their payment obligations and may refuse an order or impose special conditions if there are valid reasons to do so.

  5. Upon delivering the product or service, the entrepreneur shall provide the consumer with the following information in writing or in a way that allows easy storage on a durable data carrier:
    a. The contact address for consumer complaints.
    b. The conditions and process for exercising the right of withdrawal.
    c. Information on warranties and after-sales services.
    d. The conditions for contract termination, if applicable.

  6. If the contract exceeds one year, the consumer may terminate it at any time with a notice period of one month, unless reasonableness and fairness dictate otherwise.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the right to withdraw from the contract within 14 days without providing any reason. This cooling-off period begins on the day after receiving the product.
  2. During the cooling-off period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it.
  3. If the consumer exercises the right of withdrawal, they must return the product with all included accessories and, if reasonably possible, in its original condition and packaging, following the reasonable instructions of the entrepreneur.
  4. If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur in writing or via email within 14 days of receiving the product.
  5. Once the consumer has notified the entrepreneur of their intention to withdraw, they must return the product within 14 days. The consumer must provide proof that the product was returned on time, for example, through a shipping receipt.
  6. If the consumer does not notify the entrepreneur within 14 days or fails to return the product, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, they shall bear the costs of returning the products.
  2. If the consumer has already made a payment, the entrepreneur shall refund the amount as soon as possible, but no later than 14 days after withdrawal. The refund will only be processed after the entrepreneur has received the returned product or has received conclusive proof of the return shipment.

Article 8 – Exclusion of Right of Withdrawal

  1. The entrepreneur may exclude the consumer’s right of withdrawal for specific products, as outlined in paragraphs 2 and 3.

  2. Exclusion of the right of withdrawal is only possible if the entrepreneur clearly states this before concluding the contract.

  3. The right of withdrawal may be excluded for the following types of products:

    • Custom-made products tailored to the consumer’s specifications.
    • Personalized items that cannot be resold.
    • Products that cannot be returned due to their nature (e.g., hygiene-related products).
    • Perishable or time-sensitive items.
    • Products subject to financial market fluctuations, over which the entrepreneur has no control.
    • Newspapers, magazines, and periodicals.
    • Sealed audio, video, or software products, where the seal has been broken.
    • Hygiene-sensitive products, if their seal has been broken.

  4. The right of withdrawal may be excluded for the following services:

    • Accommodation, transport, restaurant services, or leisure activities scheduled for a specific date or period.
    • Services that have begun with the consumer's consent before the cooling-off period has ended.
    • Betting and lottery services.

Article 9 – Prices

  1. During the validity period stated in the offer, prices will not be increased, except for changes due to legal tax regulations (e.g., VAT adjustments).
  2. In deviation from the previous clause, the entrepreneur may offer variable prices for products or services subject to financial market fluctuations beyond their control. These fluctuations and the indicative nature of prices shall be clearly stated in the offer.
  3. Price increases within 3 months of concluding the contract are only permitted if they result from legal changes or regulations.
  4. Price increases after 3 months of concluding the contract are only allowed if:
    • They result from legal regulations or provisions; or
    • The consumer has the right to cancel the contract before the price increase takes effect.
  5. All prices are subject to typographical errors. The entrepreneur is not liable for price discrepancies caused by such errors, and the consumer cannot claim any rights based on incorrect pricing.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of reliability and usability, and the legal provisions and regulations in effect at the time of the contract conclusion. If agreed upon, the entrepreneur also guarantees that the product is suitable for use beyond normal usage.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not limit the statutory rights and claims the consumer may have under the contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The product must be returned in its original packaging and in new condition.
  4. The warranty does not apply if:
    • The consumer has repaired and/or modified the product themselves or has had it repaired or modified by third parties.
    • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the instructions provided by the entrepreneur and/or on the packaging.
    • The defect is wholly or partly due to government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur shall take the utmost care in receiving and fulfilling orders for products.
  2. With due observance of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders as quickly as possible and no later than 30 days, unless a longer delivery period has been agreed upon with the consumer.
  3. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified within 30 days of placing the order. In this case, the consumer has the right to terminate the contract at no cost and may be entitled to compensation.
  4. In the event of termination as described in the previous clause, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to provide a replacement product. The consumer will be clearly informed before delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipmentof a replacement item shall be borne by the entrepreneur.
  6. 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, unless explicitly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination, and Renewal

Termination

  1. The consumer may terminate a contract for an indefinite period at any time, subject to the agreed termination conditions and a notice period of no more than one month.
  2. The consumer may terminate a contract for a fixed period at the end of the agreed term, subject to the agreed termination conditions and a notice period of no more than one month.
  3. The consumer may terminate the contracts mentioned above:
    • At any time and without restriction to a specific time or period.
    • Using the same method by which the contract was originally agreed upon.
    • With the same notice period as the entrepreneur applies to themselves.

Renewal

  1. A contract for a fixed period that includes regular deliveries of products or services may not be automatically renewed or extended for a fixed term.
  2. In exceptional cases, a contract for a fixed period that involves the regular delivery of newspapers, news magazines, or periodicals may be automatically renewed for a maximum period of three months, provided that the consumer has the ability to terminate the extended contract at the end of the renewal period with a one-month notice period.
  3. A contract for a fixed period that involves the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may terminate it at any time with a one-month notice period or, in the case of deliveries less than once per month, a notice period of up to three months.
  4. A trial or introductory subscription for newspapers, magazines, or periodicals shall not be automatically renewedand shall terminate automatically at the end of the trial period.

Duration

  1. If a contract exceeds one year, the consumer may terminate it at any time after one year with a one-month notice period, unless fairness and reasonableness dictate otherwise.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as stated in Article 6, paragraph 1.
  2. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
  3. The consumer must promptly report any inaccuracies in payment details provided or stated to the entrepreneur.
  4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs that were disclosed in advance.

Article 14 – Complaints Procedure

  1. Complaints about the execution of the contract must be submitted in full and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
  2. Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall provide a response within 14 days, acknowledging receipt and providing an estimated timeline for a more detailed response.
  3. If a complaint cannot be resolved through mutual agreement, a dispute arises that is subject to dispute resolution.
  4. A complaint does not suspend the consumer’s obligations, unless the entrepreneur explicitly states otherwise.
  5. If a complaint is deemed valid by the entrepreneur, they shall, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Dutch law exclusively applies to contracts between the entrepreneur and the consumer covered by these terms and conditions, even if the consumer resides outside the Netherlands.