Terms of service
General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: the period within which the consumer can exercise the right of withdrawal.
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Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
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Day: calendar day.
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Continuous contract: a distance contract relating to a series of products and/or services, the delivery and/or acquisition obligation of which is spread over time.
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Durable medium: any means that allows the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.
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Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
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Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.
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Distance contract: a contract in which, as part of a system organized by the entrepreneur for distance sales of goods and/or services, one or more distance communication techniques are exclusively used up to and including the conclusion of the contract.
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Distance communication technique: a means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same space.
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General Terms and Conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every concluded distance contract 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 with the trader and that they will be sent to the consumer as soon as possible and free of charge upon request.
In the case of an electronically concluded distance contract, the text of these general terms and conditions will be provided to the consumer before the contract is concluded in an electronic form in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer free of charge either electronically or in another way upon request.
If, in addition to these general terms and conditions, specific product or service terms apply, sections 2 and 3 of this article will apply correspondingly, and the consumer may rely on the most favorable provision in the case of conflicting general terms and conditions.
If one or more provisions of these General Terms and Conditions are wholly or partially void or annulled at any time, the remainder of the contract and these General Terms and Conditions will remain in effect, and the relevant provision will be replaced without delay through mutual agreement by a provision that most closely approximates the original provision.
Situations not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of these General Terms and Conditions must be interpreted "in the spirit" of these General Terms and Conditions.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is subject to change. The entrepreneur has the right to modify and adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to assess the offer correctly. 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, specifications, and data in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
The images of the Products are a faithful representation of the offered Products. The company cannot guarantee that the displayed colors exactly match the actual colors of the Products.
Each offer includes information from which the consumer can determine which rights and obligations are attached to the acceptance of the offer. This concerns in particular:
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The price, excluding clearance fees and VAT on import. These extra costs are at the customer's expense and risk. The post and/or courier service uses the special regulation for postal and courier services at import. This regulation applies when the goods are imported into the EU destination country, which is the case here. The post and/or courier company collects the VAT (also related to clearance costs) from the recipient of the goods.
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The shipping costs, if applicable.
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The way the agreement is concluded and the necessary actions for it.
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Whether the right of withdrawal applies.
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The method of payment, delivery, and performance of the agreement.
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The deadline for acceptance of the offer or the period during which the trader guarantees the price.
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The cost rate for communication at a distance if the costs for using the communication technique are calculated on a basis other than the normal basic rate for the used communication technique.
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Whether the agreement will be archived after conclusion and, if so, how the consumer can consult it.
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The way the consumer can check and, if necessary, correct the information he provided in connection with the agreement before the contract is concluded.
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Any languages other than Dutch in which the agreement can be concluded.
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The codes of conduct to which the trader is subject and the way the consumer can consult these codes of conduct electronically.
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The minimum duration of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colors, materials.
Article 5 - The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set for it.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the consumer's acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may, within the legal framework, inquire about whether the consumer can fulfill his payment obligations and about any facts and factors relevant to responsibly entering into the distance agreement. If the trader has good reasons to not enter into the agreement based on this inquiry, he is entitled to refuse an order or request or impose special conditions on its execution.
The trader will provide the consumer, together with the product or service, in writing or in such a way that it can be stored on a durable medium in an accessible manner, the following information:
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The address of the trader's business headquarters where the consumer can file complaints.
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The conditions under which and the method by which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded.
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Information about guarantees and after-sales service.
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The data referred to in Article 4, paragraph 3, unless the trader has already provided this information to the consumer before the execution of the agreement.
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The conditions for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a term agreement, the provision in the previous sentence only applies to the first delivery.
Each agreement is concluded under the suspensive condition of sufficient availability of the involved products.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer receives the product.
During the cooling-off period, the consumer must handle the product and its packaging with care. He may only unpack or use the product to the extent necessary to determine whether he wishes to keep it. If he uses the right of withdrawal, he must return the product with all delivered accessories and, if reasonable, in its original condition and packaging according to the instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days after receiving the product. The consumer must do this by written notice/email. After informing the trader that he wishes to exercise his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the product has been returned on time, for example, by providing proof of shipping.
If the customer has not notified that he wishes to use his right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the trader, the purchase becomes final.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the goods will be at the expense of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. A condition is that the goods have already arrived at the entrepreneur or that a convincing proof of full return shipment can be provided.
Article 8 - Exclusion of Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the following products and services:
- Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
- Products that are made to the consumer's specifications or that are clearly personalized.
- Products that, due to their nature, cannot be returned, such as perishable goods or products with a limited shelf life.
- Sealed products that are not suitable for return for health or hygiene reasons and where the seal is broken after delivery.
- Products that, after delivery, are inseparably mixed with other products due to their nature.
- Alcoholic beverages whose price was agreed upon at the time of the conclusion of the contract, but which can only be delivered after 30 days, and whose value is dependent on market fluctuations.
- Sealed audio, video, and computer software products, where the consumer has broken the seal after delivery.
- Newspapers, periodicals, or magazines, except for subscriptions to these publications.
Article 9 - The Price
- The prices of the products and/or services offered will not be increased during the validity period specified in the offer, except for price changes due to changes in VAT rates.
- In the case of products or services where the prices are subject to fluctuations in the financial market that the entrepreneur has no control over, the prices may fluctuate and may be increased.
- All prices in the offer are inclusive of VAT and other levies imposed by the government unless otherwise stated.
- The prices for delivery and shipping costs are also mentioned in the offer.
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 usability and/or reliability, and the legal provisions or government regulations existing on the date of the conclusion of the agreement.
- Any additional warranty offered by the entrepreneur, the manufacturer, or the importer will not affect the consumer’s statutory rights with respect to non-conformity of the product or service.
Article 11 - Delivery and Performance
- The entrepreneur will take the utmost care when receiving and performing orders of products and services.
- Delivery will take place at the address specified by the consumer in the order.
- The entrepreneur will carry out accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed or if an order cannot be executed or only partially, the consumer will be informed of this no later than 30 days after placing the order. The consumer has the right to cancel the agreement without penalty.
- After cancellation, the entrepreneur will immediately refund the amount paid by the consumer.
Article 12 - Payment
- Insofar as not otherwise agreed upon, the amounts owed by the consumer must be paid immediately after the conclusion of the agreement.
- The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- In case of non-payment by the consumer, and unless otherwise agreed, the entrepreneur has the right to charge statutory interest on the amount due and to charge the consumer for any judicial or extrajudicial collection costs incurred.
Article 13 - Complaints Procedure
- The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- The entrepreneur will respond to complaints within 14 days, starting from the day of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- If the complaint cannot be resolved in mutual consultation, a dispute may arise that is subject to the dispute settlement procedure.
Article 14 - Disputes
- All agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law.
- Disputes between the consumer and the entrepreneur regarding the conclusion or execution of agreements concerning products or services offered by the entrepreneur can, with due observance of the provisions below, be submitted to the competent court in the consumer’s place of residence.
Article 15 - Additional or Different Provisions
- The entrepreneur is authorized to modify or supplement these terms and conditions at any time.
- If any provision of these terms and conditions is or becomes invalid, this will not affect the validity of the remaining provisions. In that case, the entrepreneur will replace the invalid provision with a valid one, which approximates the intent of the original provision as closely as possible.