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General 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 does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing performance contract: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: A means that can be used for concluding a contract without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.

Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph, and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can store it on a durable medium in a simple manner. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
If specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these conditions shall remain in effect for the rest and the provision in question shall be replaced by a provision that approaches the intent of the original provision as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The offer
If an offer has a limited duration or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these 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 and specifications in the offer are indicative and cannot be a reason for compensation or cancellation of the agreement.
Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • Any delivery costs;

  • The way in which the contract will be concluded and what actions are required for this;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the contract;

  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;

  • The level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication tool used;

  • Whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;

  • The way in which the consumer, before concluding the contract, can check and, if desired, correct the information they have provided in the context of the contract;

  • Any other languages in which, in addition to Dutch, the contract can be concluded;

  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;

  • The minimum duration of the distance contract in the case of a continuing performance contract;

  • Optional: available sizes, colors, types of materials.

Article 5 – The contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract 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 can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may – within legal frameworks – verify whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reason, based on this investigation, not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
The entrepreneur shall send the following information to the consumer along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

  • The physical address of the entrepreneur's business establishment where the consumer can lodge complaints;

  • The conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • Information on guarantees and existing after-sales service;

  • The information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;

  • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
    In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery. Every contract 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 dissolve the contract without giving any reason for a period of 30 days.
This cooling-off period starts on the day after the product is received by the consumer or a third party designated by the consumer and made known to the entrepreneur in advance.
During the cooling-off period, the consumer shall handle the product and its 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 they exercise their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. The notification should be made in writing or via email.
After the consumer has indicated that they wish to exercise their right of withdrawal, the product must be returned within 30 days. The consumer must prove that the items were returned on time, for example, by means of proof of shipment.
If the consumer has not indicated that they wish to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3 and/or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal
If the consumer makes use of 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 the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of full return can be 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 applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
That are created by the entrepreneur according to the consumer's specifications.
That are clearly personal in nature.
That cannot be returned due to their nature.
That can spoil or age quickly.
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
For single 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 due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
These are the result of legal regulations or provisions; or
The consumer has the authority to terminate the agreement from the day the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical 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, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Products must be returned in the original packaging and in new condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application 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 has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to the instructions of the entrepreneur and/or on the packaging.
The defect 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 shall exercise the greatest possible care in receiving and executing product orders.
Taking into account the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If the delivery is delayed, or if an order cannot or only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavor to make a replacement item available. No later than at the time of delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered.
In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of 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 previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may at any time terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may at any time terminate an agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the fixed term, with due observance of 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 not be limited to termination at a specific time or in a specific period;
Terminate at least in the same manner as they were entered into;
Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension
An agreement concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
By way of derogation from the previous paragraph, an agreement concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, provided the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time terminate with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular introduction to daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may at any time terminate the agreement after one year with a notice period of no more than one month, unless reasonableness and fairness oppose 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 cooling-off period referred to in Article 6 paragraph 1.
In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the previously disclosed reasonable costs to the consumer.

Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within seven days, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt.
If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by 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 indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law,
Even if the consumer resides abroad.