Article 1 - Definitions
In these terms and conditions, the following definitions apply:
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 distance contract and order concluded 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, then contrary to the previous paragraph, the text of these general terms and conditions may be provided electronically to the consumer in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and in the event of conflicting terms, the consumer may always invoke the most favorable provision applicable to them.
Should any provision of these general terms and conditions be null and void or declared invalid at any time, the remaining provisions of these terms and conditions will remain in effect. The void or invalid provision will be replaced by a provision that approximates the intent of the original provision as closely as possible.
Situations not covered by these general terms and conditions will be assessed “in the spirit” of these general terms and conditions.
Any uncertainty regarding the interpretation or content of one or more provisions of our general terms and conditions should 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 non-binding. The entrepreneur is entitled to modify and adapt the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for any compensation or dissolution of the contract.
The images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This particularly concerns:
Optional: available sizes, colors, material types.
Article 5 - The Agreement
Subject to the provisions of paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and meets the stipulated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal frameworks, gather information about whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has sound reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or application or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information 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:
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each contract is entered into under the suspensive condition of sufficient availability of the products in question.
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 14 days. This cooling-off period starts on the day after the consumer, or a pre-designated representative made known to the entrepreneur, receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If they 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 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 14 days of receiving the product. The consumer must make this known via a written message/email. After the consumer has expressed their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example, through a shipping receipt.
If the customer has not expressed their wish to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is a fact.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are borne by 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. This is provided that the product has already been returned to the entrepreneur or conclusive proof of the complete return can be presented.
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 applies only if the entrepreneur has clearly stated this in the offer or at least before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
The exclusion of the right of withdrawal is only possible for services:
Article 9 - The Price
During the validity period stated in the offer, the prices of the products and/or services offered 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 whose prices are subject to fluctuations in the financial market, which are beyond the entrepreneur's control, at variable prices. These price dependencies and the fact that the stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
Under Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where transportation begins. In this case, delivery takes place outside the EU. Therefore, the postal or courier service will collect the import VAT or clearance fees from the customer. As a result, the entrepreneur does not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations at the time of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
Article 11 - Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders as quickly as possible, but no later than 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 will be informed about this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and the right to any compensation.
In the event of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will strive to provide a replacement item. The consumer will be notified no later than the time of delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by 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 previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 - Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate an open-ended contract that has been concluded for the regular supply 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 can terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time by 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 can cancel the agreements referred to in the previous paragraphs:
Extension
A fixed-term contract that has been concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended contract by the end of the extension with a notice period of no more than one month.
A fixed-term contract that has been concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract is for the regular, but less than once-a-month, delivery of daily or weekly newspapers and magazines.
A fixed-term contract for the regular supply of daily or weekly newspapers and magazines concluded as an introductory subscription (trial or introductory subscription) will not be tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in the provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints Procedure
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 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 an acknowledgment of receipt and an indication of 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 dispute resolution.
A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts 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.
Article 16 - CESOP
Due to the measures introduced and tightened as of 2024 concerning the 'Act to amend the Turnover Tax Act 1968 (Payment Service Provider Directive Implementation Act)' and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers may register data in the European CESOP system.