General terms and conditions

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Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, 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 shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.

Within the limits of the law, the entrepreneur may obtain information about whether the consumer can meet their payment obligations, as well as about all facts and factors that are relevant for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds for not entering into the agreement, they are entitled to refuse an order or request with stated reasons or to attach special conditions to its execution.

The entrepreneur shall provide the consumer with the following information together 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 submit complaints;
– The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– Information about guarantees and existing after-sales service;
– The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the performance 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 subject to 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 stating reasons within a period of 30 days.

This cooling-off period commences on the day following receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall 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 shall return the product to the entrepreneur with all delivered accessories and—where 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 the right of withdrawal, they must notify the entrepreneur within 30 days after receipt of the product. The consumer shall notify the entrepreneur by means of a written notice or email.

After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned on time, for example by means of a proof of shipment.

If the consumer has not indicated that they wish to exercise their right of withdrawal within the periods referred to in paragraphs 2 and 3 and/or has not returned the product to the entrepreneur, the purchase shall be deemed final.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received by the entrepreneur or conclusive proof of complete return shipment has been 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 shall apply 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 in accordance with the consumer’s specifications;
– That are clearly of a personal nature;
– That, by their nature, cannot be returned;
– That are liable to deteriorate or expire rapidly;
– Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
– For individual newspapers and magazines;
– For audio 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 stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices will be specified in the offer.

Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

• They result from statutory regulations or provisions.

• The consumer has the right to terminate the agreement as of the day the price increase takes effect.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing or typesetting errors. In the event of such errors, the entrepreneur is not obliged 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, the reasonable requirements of durability and/or usability, and the statutory provisions and/or government regulations in force at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use 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 modified the delivered products themselves or had them repaired and/or modified by third parties.

• The delivered products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been used in a manner contrary to the entrepreneur’s instructions and/or the instructions on the packaging.

• The defectiveness is wholly or partially 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 greatest possible care when receiving and executing orders for products.

  Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period.

  If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any applicable 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 the dissolution.

  If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered.

  For replacement items, the right of withdrawal cannot be excluded. 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

  Article 12 – Ongoing Transactions: Duration, Termination, and Renewal

  Termination
  The consumer may terminate an agreement concluded for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.

  The consumer may terminate an agreement concluded for a fixed period, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

  The consumer may terminate the agreements referred to in the previous paragraphs:

  • at any time and is not limited to terminating at a specific time or within a specific period;

  • at least in the same manner as they were concluded by the consumer;

  • always with the same notice period that the entrepreneur has reserved for themselves.

    Renewal
    An agreement concluded for a fixed period, which provides for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed term.

    Notwithstanding the previous paragraph, an agreement concluded for a fixed period, which provides for the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a maximum period of three months, provided that the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.

    An agreement concluded for a fixed period, which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month, and with a notice period of no more than three months in the case of an agreement providing for the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.

    A limited-term agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically terminate at 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 prevent 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 begins after the consumer has received confirmation of the agreement.

    The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

    In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs previously communicated to the consumer.

    Article 14 – Complaints Procedure
    Complaints regarding the execution of the agreement must be submitted to the entrepreneur within seven days, fully and clearly described, after the consumer has identified the defects.

    Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.

    If a complaint is expected to require a 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 through 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 expressly indicates otherwise in writing.

    If a complaint is found to be well-founded 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 relate, even if the consumer resides abroad.