General Terms and Conditions

Article 1 – Definitions

The following terms are used in these general terms and conditions with the following meaning:

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Digital content: data produced and delivered in digital form;
  5. 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;
  6. Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  7. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  8. Entrepreneur: the natural or legal person who is a member of and offers products and/or services to consumers from a distance;
  9. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of a system organized for the distance selling of products and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to the conclusion of the contract;
  10. Standard form for withdrawal: the European model form for withdrawal included in Appendix I of these terms and conditions.
  11. Technology for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 – Identity of the entrepreneur

The entrepreneur is accessible via the contact form on the website.

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur’s and that they will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
  4. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
  5. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the contract will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, or performance of the contract;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the height of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication 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 the information provided by him under the contract and, if necessary, restore it;
    • any other languages in which, in addition to Dutch, the contract can be concluded;
    • the behavioral codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioral codes electronically; and
    • the minimum duration of the distance contract in the event of a permanent transaction.

Article 5 – The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. 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 can dissolve the contract.
  3. 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.
  4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or application with reasons or to attach special conditions to the implementation.
  5. The entrepreneur will send the following information to the consumer 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 visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
    • the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information about guarantees and existing service after purchase;
    • the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the performance 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.
  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days. This cooling-off period starts on the day after the product was received by the consumer or a pre-designated representative announced to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will 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.

Upon delivery of digital content not supplied on a tangible medium:

  1. The consumer has no right of withdrawal for the delivery of digital content that is not supplied on a tangible medium if the performance has begun with the express prior consent of the consumer and he has declared that he thereby loses his right of withdrawal.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs of return are for his account.
  2. 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 return or withdrawal.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

  1. The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this when making the offer:
    • Products that are custom-made to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person.
    • Products that spoil quickly or have a limited shelf life.
    • Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

Article 9 – The price

  1. During the period of validity mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated it and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
  5. All prices mentioned in the offer of products or services include VAT.

Article 10 – Conformity and Guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the contract.
  2. 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 on the basis of the contract.

Article 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed about this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to possible compensation.
  4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless otherwise expressly agreed.

Article 12 – Duration transactions: duration, termination, and renewal

Termination

  1. The consumer can terminate a distance contract that has been concluded for an indefinite period and that extends to 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.
  2. The consumer can terminate a distance contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer can use the agreements mentioned in the previous paragraphs for:
    • terminate at any time and not be limited to termination at a specific time or in a specific period;
    • terminate at least in the same way as they are entered into by him;
    • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. A distance contract that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.
  2. Contrary to the previous paragraph, a distance contract that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be automatically extended for a definite period of a maximum of three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
  3. A distance contract that has been concluded for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months if the distance contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. A distance contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically after the trial or introductory period.

Duration

  1. 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 oppose termination before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the contract.
  2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When 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 has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
  4. If the consumer does not meet his payment obligation(s) on time, he is in default after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations. After the expiry of this term, the entrepreneur is entitled to charge the statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. 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 answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
  4. A complaint about a product, service, or the entrepreneur’s service can also be submitted via a complaint form on the website. The complaint will then be sent to the relevant authority.
  5. The consumer must give the entrepreneur at least 4 weeks to solve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute settlement.

Article 15 – Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/. The entrepreneur is not obliged to use this platform for dispute resolution and is not a member of any dispute resolution body.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Appendix I: Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

  • To [here the name of the entrepreneur, geographical address, and, if available, fax number and e-mail address are to be filled in by the entrepreneur]:
  • I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following products ()/for the provision of the following service (*),
  • Ordered on ()/received on (),
  • Name of consumer(s),
  • Address of consumer(s),
  • Signature of consumer(s) (only if this form is notified on paper),
  • Date

(*) Delete as appropriate.