Algemene Voorwaarden

Article 1 - Definitions.
In these terms and conditions, the following definitions apply:
Grace 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 profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers distance products and/or services to consumers.
Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Medium that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.
General Terms and Conditions: The present general terms and conditions of the entrepreneur.
Article 2 - Right of withdrawal
The consumer has the right to revoke the agreement within a reflection period of 30 days without giving reasons. During the reflection period, the consumer will handle the product and packaging with care.
If the consumer uses his right of withdrawal, he will return the product with all delivered accessories and if possible in its original state, in accordance with reasonable instructions from the entrepreneur.
Article 3 - Applicability
These general conditions apply to any offer from the entrepreneur and any distance contract and orders concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned will be replaced by mutual agreement immediately by a provision that the scope of the original as closely as possible.
Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our 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 made under specific conditions, this will be explicitly stated in the offer.
The offering is non-binding. The entrepreneur reserves the right to modify or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images and specifications in the offer are indicative and cannot be a reason for compensation or cancellation of the agreement.
Images of products are a faithful representation of the products offered. However, the entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes in particular:
● Any shipping costs;
● The method by which the agreement will be concluded and what actions are required for that;
● Whether or not the right of withdrawal applies;
● The method of payment, delivery, and execution of the agreement;
● The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
● The rate for remote communication if the costs differ from the regular base rate for the communication method used;
● Whether the agreement will be archived after its conclusion and, if so, how it can be accessed by the consumer;
● The way in which the consumer can check and, if necessary, correct the information provided in the context of the agreement before concluding it;
● Any other languages besides Dutch in which the agreement can be concluded;
● The codes of conduct to which the entrepreneur is subject and how the consumer can consult these electronically;
● The minimum duration of the distance contract in the case of a continuing transaction;
Optional: available sizes, colors, types of 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 fulfills the associated conditions.
If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed receipt of this acceptance, the consumer may dissolve 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the limits of the law, assess whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information along 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 medium:
● The address of the entrepreneur's business location where the consumer can lodge complaints;
● The conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
● Information about warranties and existing after-sales service;
● The details included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
● The requirements for terminating the agreement if it is of a duration longer than one year or of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 30 days.
This reflection period starts the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, has received the product.
During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it.
If the consumer exercises their right of withdrawal, they must return the product with all accessories supplied and – if 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 make use of their right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. This notification should be made in writing or via email.
After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the returned items were sent on time, for example by providing a shipping receipt.
If the consumer has not indicated their intention to use the right of withdrawal within the periods stated in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal
If the consumer makes use of the right of withdrawal, the cost of returning the products is borne by the consumer.
If the consumer has already made a payment, the entrepreneur will 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 by the entrepreneur or that conclusive proof of the complete return 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 is only valid if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

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

Those are created by the entrepreneur according to the consumer's specifications;
Those are clearly personal in nature;
That, by their nature, cannot be returned;
That spoil or age quickly;
Whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
Those are individual newspapers or magazines;
Those are media or video recordings or computer software where the consumer has broken the seal;
Those are hygiene products where 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This susceptibility to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

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

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

They are the result of statutory regulations or provisions; or
The consumer has the right to terminate the agreement as of the day the price increase takes effect.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the case of typographical or printing 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 conform to the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed upon, 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 legal rights and claims the consumer can enforce under the agreement.

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

The warranty period provided by the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice given regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or altered the products themselves or had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions provided by the entrepreneur and/or on the packaging;
The defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the utmost care when receiving and executing orders for products.

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

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost and may be entitled to compensation.

In case 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 dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The fact that a replacement item is being delivered will be communicated clearly and understandably at the time of delivery.

For replacement items, the right of withdrawal cannot be excluded. Any costs of return shipping are borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time 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.

For the agreements mentioned in the previous paragraphs, the consumer has the right to:

Terminate at any time and not be limited to termination at a specific time or during a specific period;
Terminate in the same way as the agreement was entered into;
Always terminate with the same notice period that the entrepreneur has dictated for themselves.

Renewal
A fixed-term agreement that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.

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

A fixed-term agreement for the regular delivery of products or services may only be automatically renewed for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month, or three months in the case of agreements involving the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) will not be automatically renewed and ends automatically 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 dictate that termination before the end of the agreed term is unacceptable.

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(1).

In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to immediately report any inaccuracies in provided or stated payment information to the entrepreneur.

In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the consumer reasonable costs that were made known in advance.

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 discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.

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 entrepreneur's obligations, unless the entrepreneur states 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 governed exclusively by Dutch law, even if the consumer resides abroad.