Terms and Conditions

Terms and Conditions

Article 1 – Definitions

In 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 course of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: Calendar day;
  • Continuous transaction: A distance contract concerning a series of products and/or services, with delivery and/or performance obligations spread out over time;
  • Durable medium: Any medium that allows the consumer or entrepreneur to store information directed to them personally, in a way that enables 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 who offers products and/or services remotely to consumers;
  • Distance contract: A contract where, within the framework of an organized system for remote selling of products and/or services by the entrepreneur, the contract is concluded using one or more means of distance communication;
  • Distance communication technique: A medium that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space;
  • General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 3 – Applicability

These terms and conditions apply to every offer from the entrepreneur and every distance agreement and order 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 location and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically 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 where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon request.

In case specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly. The consumer may always rely on the provision that is most favorable to them in case of conflicting terms and conditions.

If one or more provisions of these terms and conditions are found to be invalid or unenforceable, the remainder of the agreement and terms will remain in effect. The invalid provision will be replaced by a provision that closely approximates the intent of the original provision.

Situations not covered by these general terms and conditions must be assessed according to the spirit of these terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these terms must be explained according to the spirit of these 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 change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make an informed decision. If the entrepreneur uses images, they 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, specifications, and data in the offer are indicative and may not lead to compensation or cancellation of the agreement.

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

Each offer contains information that makes it clear to the consumer what the rights and obligations are upon accepting the offer. Specifically, this includes:

  • The price, excluding customs clearance costs and import VAT. These additional costs are the responsibility and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding imports. This arrangement applies when goods are imported into the destination EU country, which applies here. The postal or courier service will collect VAT (and potentially customs clearance costs) from the recipient;
  • The potential shipping costs;
  • The way the agreement is formed and the actions required for it;
  • Whether the right of withdrawal applies;
  • The method of payment, delivery, and performance of the agreement;
  • The time frame for accepting the offer or the period within which the entrepreneur guarantees the price;
  • The communication fees if the cost of using the communication technique is calculated based on something other than the regular base rate for the communication medium;
  • Whether the agreement is archived after conclusion and, if so, how the consumer can access it;
  • The way the consumer can check and correct the data they provided in the context of the agreement before concluding it;
  • The potential other languages in which, besides Dutch, the agreement can be concluded;
  • The codes of conduct the entrepreneur adheres to and how the consumer can access them electronically;
  • The minimum duration of the agreement in the case of a continuous transaction.

Optional: Available sizes, colors, material types.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfills the associated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. Until the entrepreneur confirms receipt of the acceptance, the consumer can cancel the agreement.

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

The entrepreneur may check, within legal boundaries, whether the consumer can fulfill their payment obligations, as well as other relevant facts and factors for responsibly entering into the distance agreement. If the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse or impose special conditions on the order or request.

The entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it on a durable medium:

  • The physical address of the entrepreneur where the consumer can direct complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal;
  • Information about warranties and after-sales services;
  • The data referred to in Article 4, paragraph 3, unless the entrepreneur has already provided this information before executing the agreement;
  • The requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration. In the case of a continuous transaction, the provision of the previous paragraph applies only to the first delivery.

Each agreement is concluded 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 terminate the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer.

During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer wishes to exercise their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must inform the entrepreneur within 14 days of receiving the product via a written message/email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.

If the consumer fails to notify the entrepreneur of their intention to withdraw or does not return the product within the given time frame, the sale is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are the responsibility of the consumer.

If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal, provided the product has already been received by the retailer or valid 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 products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly mentioned this in the offer, at least before the conclusion of the agreement.

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

  • Made by the entrepreneur according to consumer specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That can deteriorate or age quickly;
  • Whose price depends on fluctuations in the financial market that the entrepreneur cannot control;
  • For individual newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal;
  • For hygiene products where the consumer has broken the seal.

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

  • Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a certain period;
  • Whose delivery begins with the express consent of the consumer before the cooling-off period expires;
  • Regarding betting and lotteries.

Article 9 – The Price

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

The entrepreneur may offer products or services with prices tied to fluctuations in the financial market, which the entrepreneur cannot control, at