General terms and conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions:

  • Withdrawal period: The period within which the consumer can exercise his right of withdrawal.

  • Consumer: The natural person who is not acting in the exercise of a commercial or independent business and enters into distance selling agreements with traders.

  • Day: Calendar day.

  • Long-term agreement: A distance sales agreement for a number of products and/or services with delivery or performance over time.

  • Durable medium: A means that enables the consumer or trader to store personal information for display in unchanged form.

  • Right of withdrawal: The consumer's right to withdraw from the distance sales contract within the withdrawal period.

  • Trader: The natural or legal person who offers products and/or services at a distance to consumers.

  • Distance selling agreement: An agreement that is only communicated through one or more external means of communication before the agreement is concluded, within a system established by the trader.

  • External means of communication: A tool used to enter into agreements without the parties being in the same room.

  • General Terms and Conditions: These terms.

Article 2 – Right of withdrawal

The consumer has the right to cancel the contract within 30 days without giving any reason. During the cancellation period, the product and packaging must be handled with care. In the event of cancellation, the product and accessories must be returned in their original condition, if possible, in accordance with the trader's reasonable instructions.

Article 3 – Application

These terms and conditions apply to all offers from traders and distance sales contracts between traders and consumers. The terms and conditions must be made available before the conclusion of the contract. If this is not possible, the consumer must be informed that the terms and conditions can be viewed at the trader's premises and sent free of charge upon request. For electronic distance sales contracts, the terms and conditions can be made available electronically in a way that allows for easy storage. In the event of a conflict between general terms and specific product or service terms and conditions, the terms and conditions that are most advantageous to the consumer shall apply. If a provision is invalid, it shall be replaced as soon as possible so that the intention is preserved. Ambiguities shall be interpreted in accordance with the purpose of the terms and conditions.

Article 4 – Offers

If the offer has limited validity or conditions, this must be clearly stated. Offers are without obligation and can be changed. The offer must contain an accurate description of the product/service with sufficient information for the consumer. Images must be credible; traders are not bound by errors in the offer. Information about the consumer's rights and obligations upon acceptance – such as shipping costs, purchase process, right of withdrawal, payment, delivery, price and acceptance period, archiving, checking and correction of information, available languages, ethical guidelines and duration of long-term agreements – must be included.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and carries out the necessary actions. In the case of electronic acceptance, receipt is confirmed immediately. Until confirmation is received, the agreement can be cancelled. The trader must ensure technically and organizationally secure data transmission, including a secure payment solution. The trader may examine the consumer's ability to pay and may reject or condition the order for reasonable reasons. The following information must be included with the delivery: complaint address, right of withdrawal or exception, guarantees and other information as mentioned in Article 4, including termination conditions for agreements with a duration of more than one year. In the case of long-term agreements, this only applies to the first delivery, and the agreement is subject to availability.

Article 6 – Right of withdrawal

The consumer may cancel the purchase without giving any reason within 30 days of receipt. During this period, the product and packaging must be handled with care. In the event of cancellation, the product and all accessories must be returned, if possible in the original packaging, in accordance with the trader's instructions. The consumer must notify the seller of the cancellation in writing (e.g. by e-mail) within 30 days. The consumer then has 30 days to return the product and must be able to provide documentation for the return, e.g. proof of shipment. In the event of failure to notify or return the product, the purchase is final.

Article 7 – Costs of cancellation

Return costs are borne by the consumer. If the consumer has paid, the amount will be refunded no later than 30 days after the cancellation, provided that the product has been received back or documentation can be presented.

Article 8 – Exceptions to the right of withdrawal

The right of withdrawal may be excluded for certain products if this is clearly stated before the contract is concluded. This applies to goods specially made according to the consumer's choice, personal goods, goods that cannot be returned due to their nature, perishable goods, goods with a price determined by the financial market, newspapers/magazines, media and software in broken seals, and hygiene goods with broken seals.

Article 9 – Price

Prices may not be changed within the offer period, unless there are changes in VAT. For products with prices dependent on the financial market, variable prices may be used and indicated as such. Price increases within 3 months of the agreement are only permitted by a change in law. After 3 months only permitted if agreed and with the consumer's right of termination upon the change. All prices are subject to printing errors - these exempt traders from delivery at an incorrect price.

Article 10 – Compliance and warranty

The trader guarantees that the product/service meets the agreement, specifications, reasonable quality requirements and legal requirements. Additional guarantees from the supplier do not affect the consumer's statutory rights. Defects or errors in delivery must be reported within 30 days of receipt, in writing and in the original packaging. The trader has the same warranty period as the manufacturer, but no liability for use for individual use or instructions for use. The warranty does not apply to repairs outside the trader's area of ​​responsibility, irresponsible handling or official requirements for materials.

Article 11 – Delivery and performance

The trader shall exercise the greatest possible care when processing and executing orders. Orders must be processed within 30 days, unless another delivery time has been agreed. In the event of delay or partial delivery, the consumer must be informed within 30 days and has the right to terminate the agreement without cost and receive any compensation. In the event of termination, the amount will be refunded within 30 days. If delivery is not possible, a replacement product will be offered, and this will be made clear upon delivery. In the case of a replacement product, the right of withdrawal still applies, and return shipping is borne by the trader. The risk of damage or loss rests with the trader until delivery to the consumer or his representative, unless otherwise agreed.

Article 12 – Long-term agreements: Duration, termination and extension

  • Termination: For agreements with regular (“abonements”) supply – including electricity – without a fixed duration, or with a fixed duration, the consumer may terminate at any time with a maximum of one month’s notice. Termination must be made in the same way as the agreement was concluded, and has the same notice as the trader.

  • Extension: Fixed-term agreements cannot be automatically extended. Trial subscriptions to magazines can be automatically extended for up to 3 months if the consumer can terminate at the end with a maximum of 1 month's notice. Subscriptions with regular delivery can be automatically extended, but the consumer must be able to terminate at any time with a maximum of one month's notice - or 3 months in the case of subscription payments for less frequent delivery (newspapers/magazines). Trial subscriptions are automatically terminated after the trial period.

  • Duration: For agreements with a duration of more than one year, the consumer may terminate the agreement after having had a term of one year, with a maximum of one month's notice, unless reasonableness dictates otherwise.

Article 13 – Payment

Payment must be made within 7 business days from the start of the withdrawal period, unless otherwise agreed. For services, the period starts when the confirmation is received. The consumer must immediately correct any errors in payment information. In the event of non-payment, the trader may claim reasonable costs in accordance with applicable law.

Article 14 – Complaints handling

Complaints must be submitted within 7 days of the defect being discovered, clearly and adequately to the trader. A response will be given within 14 days of receipt. If more time is deemed necessary, this must be communicated together with the expected response within 14 days. Disagreements can be brought before a dispute or complaint body. A complaint does not exempt the trader from obligations unless otherwise agreed in writing. In the event of a justified complaint, the trader may choose to repair or exchange the goods at no cost to the consumer.

Article 15 – Applicable law

Agreements under these terms and conditions are governed exclusively by Dutch law – even if the consumer lives abroad.

Matters not covered by these general terms and conditions shall be assessed in the spirit of these terms and conditions. Any ambiguities in the interpretation or content of one or more provisions shall also be interpreted in accordance with the intent and spirit of the terms and conditions.