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 not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term Transaction: a distance contract concerning a series of products and/or services, with the obligation of delivery and/or purchase spread over time;
Durable Medium: any means that enable the consumer or entrepreneur to store information addressed personally 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 renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers remotely;
Distance Contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for the remote sale of products and/or services, using one or more means of distance communication up to and including the conclusion of the agreement;
Means of Distance Communication: a tool that can be used to conclude an agreement without the simultaneous physical presence of the entrepreneur and the consumer;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal

The consumer has the right to revoke the agreement within a cooling-off period of 14 days without providing reasons.

During the cooling-off period, the consumer will handle the product and packaging with care.

If the consumer exercises their right of withdrawal, they will return the product along with all supplied accessories and, if possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
  2. 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 are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically to the consumer in such a way that they can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge upon request.
  4. In addition to these general terms and conditions, specific product or service conditions may also apply. In case of conflicting conditions, the consumer can invoke the provision most favorable to them.
  5. If one or more provisions of these general terms and conditions are invalid or annulled at any time, the remaining provisions of these terms and conditions remain applicable. The parties will consult to replace the invalid provision with a new one that reflects the original intent as closely as possible.
  6. Situations not covered in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions must be explained "in the spirit" of these general terms and conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur reserves the right to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must be a true representation of the products and/or services.
  4. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  5. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  6. Each offer provides sufficient information about the rights and obligations involved in accepting the offer, such as:
    • any shipping costs;
    • how the contract will be concluded and what actions are required;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and performance of the contract;
    • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
    • the rate for distance communication if the costs differ from the basic rate;
    • whether the contract will be archived after conclusion, and if so, how it can be accessed;
    • how the consumer can check and correct data before concluding the contract;
    • other languages in which the contract can be concluded besides Dutch;
    • applicable codes of conduct and how the consumer can consult them electronically;
    • the minimum duration of the distance contract in the case of a long-term transaction;
    • optional: available sizes, colors, and materials.

Article 5 – The Agreement

  1. The agreement is concluded when the consumer accepts the offer and fulfills the associated conditions.
  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and ensure a secure web environment.
  4. The entrepreneur may check whether the consumer can meet their payment obligations and all other relevant factors for responsibly entering into the distance contract. If the entrepreneur has valid reasons, they may refuse an order or attach special conditions to its execution.

Article 6 – Right of Withdrawal

Upon Delivery of Products:

  1. The consumer has the right to withdraw from the agreement within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask for the reason for withdrawal, but the consumer is not obligated to provide one.
  2. The cooling-off period starts on the day the product is received by the consumer or a third party designated by the consumer, other than the carrier, or:
    • if the consumer has ordered multiple products in the same order: the day on which the consumer or a designated third party receives the final product. The entrepreneur may refuse an order of multiple products with different delivery times, provided this is clearly communicated before the ordering process;
    • if the delivery of a product consists of several shipments or parts: the day on which the consumer or a designated third party receives the final shipment or part;
    • in case of an agreement for regular delivery of products during a specified period: the day on which the consumer or a designated third party receives the first product.

Upon Delivery of Services:
3. The consumer has the right to withdraw from a service agreement within 14 days, starting on the day the agreement is concluded, without giving any reason.

Extended Cooling-off Period for Non-Informed Consumers:
4. If the entrepreneur has not provided the legally required information about the right of withdrawal or a standard withdrawal form, the cooling-off period expires 12 months after the initial cooling-off period.
5. If the entrepreneur provides the required information within 12 months after the initial cooling-off period begins, the cooling-off period ends 14 days after the consumer receives this information.

Article 7 – Obligations of the Consumer During the Cooling-off Period

  1. During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functionality.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is necessary to determine its nature, characteristics, and functionality.
  3. The consumer is not liable for diminished value if the entrepreneur failed to provide legally required information about the right of withdrawal before concluding the agreement.

Article 8 – Exercising the Right of Withdrawal

  1. To exercise the right of withdrawal, the consumer must notify the entrepreneur within the cooling-off period, using the standard withdrawal form or any other unambiguous statement.
  2. The consumer must return the product as soon as possible, but within 14 days after notifying the entrepreneur. The consumer is deemed to have returned the product on time if it is sent before the 14-day period ends.
  3. The consumer returns the product with all delivered accessories, in its original condition and packaging, following reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for exercising the right of withdrawal correctly and timely lie with the consumer.
  5. The consumer bears the direct costs of returning the product unless the entrepreneur has agreed to bear these costs or failed to inform the consumer that the consumer must bear them.
  6. If the consumer withdraws after first explicitly requesting the performance of a service during the cooling-off period, the consumer must pay the entrepreneur an amount proportional to the part of the obligation already performed at the time of withdrawal.
  7. The consumer is not liable for costs of service delivery or water, gas, electricity, or digital content not delivered on a tangible medium if:
    • the entrepreneur has not provided legally required information about the right of withdrawal;
    • the consumer did not explicitly consent to the service delivery starting during the cooling-off period;
    • the consumer has not acknowledged losing the right of withdrawal when granting consent; or
    • the entrepreneur failed to confirm the withdrawal statement.
  8. If the consumer exercises the right of withdrawal, all supplementary agreements are automatically terminated.

Article 9 – Obligations of the Entrepreneur Upon Withdrawal

  1. If the entrepreneur enables notification of withdrawal electronically, they must send confirmation of receipt immediately.
  2. The entrepreneur reimburses all payments made by the consumer, including delivery costs (unless the consumer chose a more expensive delivery option than the standard delivery), without undue delay and within 14 days after being notified of the withdrawal.
  3. The entrepreneur uses the same payment method for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the product has not been returned, the entrepreneur may withhold reimbursement until the product is received or the consumer provides proof of return, whichever occurs first.
  5. If the consumer chose a more expensive delivery method than the cheapest standard option, the entrepreneur is not required to reimburse the additional costs.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if this was clearly stated in the offer or before concluding the agreement:

  1. Products or services whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
  2. Products made to the consumer's specifications or that are clearly personalized;
  3. Products that spoil quickly or have a limited shelf life;
  4. Sealed products unsuitable for return due to health or hygiene reasons, if unsealed after delivery;
  5. Products that, after delivery, are irrevocably mixed with other items;
  6. Alcoholic beverages whose price was agreed upon at the time of purchase, but whose delivery can only occur after 30 days and whose value depends on market fluctuations;
  7. Sealed audio, video recordings, and computer software unsealed after delivery;
  8. Newspapers, magazines, or periodicals, except for subscriptions;
  9. Services fully performed within the cooling-off period, if the consumer explicitly consented to this and acknowledged losing the right of withdrawal upon full performance.

Article 11 – The Price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not increase, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and are beyond the entrepreneur's control at variable prices. This dependency on fluctuations and the fact that any mentioned prices are target prices must be stated in the offer.
  3. Price increases within three months after concluding the agreement are only permitted if they are due to statutory regulations or provisions.
  4. Price increases three months after concluding 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 authority to terminate the agreement on the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 12 – Compliance and Additional Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable reliability and/or usability requirements, and existing legal provisions and/or government regulations at the time the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
  2. Any additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims the consumer has under the agreement if the entrepreneur fails to meet their part of the agreement.
  3. "Additional warranty" means any commitment by the entrepreneur, their supplier, importer, or manufacturer that grants the consumer rights or claims exceeding those legally required if the entrepreneur has failed to meet their part of the agreement.

Article 13 – Delivery and Execution

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for service provision.
  2. The delivery location is the address provided by the consumer to the entrepreneur.
  3. Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur shall execute accepted orders promptly, but no later than 30 days, unless a longer delivery period is agreed upon. If delivery is delayed or an order cannot or can only partially be fulfilled, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without any cost and is entitled to compensation.
  4. After termination in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. The risk of damage to and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless explicitly agreed otherwise.

Article 14 – Duration Transactions: Termination, Extension, and Renewal

Termination:

  1. The consumer may terminate an agreement concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate an agreement concluded for a fixed period at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. For agreements that are automatically extended or renewed for a fixed period, the consumer may terminate at any time with a notice period of no more than one month.

Extension and Renewal:
4. An agreement concluded for a fixed period, and which involves regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a fixed duration unless explicitly agreed otherwise.
5. Agreements of indefinite duration for regular delivery of products or services may be terminated at any time by the consumer, with a notice period of no more than one month.

Duration:
6. If an agreement lasts longer than one year, the consumer may terminate it at any time 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 term.

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days after concluding the agreement.
  2. When selling products to consumers, the consumer may never be obligated to make advance payments exceeding 50% of the purchase price. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.
  3. The consumer is obligated to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
  4. If the consumer fails to meet their payment obligation(s) on time, and the entrepreneur has informed the consumer of the delay and provided a 14-day period to fulfill the payment obligations, the entrepreneur may charge statutory interest on the amount owed after the 14-day period. The entrepreneur is also entitled to recover extrajudicial collection costs incurred. These costs will not exceed the legally allowed amounts.