Terms and conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period : the period during which the consumer may exercise his right of withdrawal;
Consumer : a natural person who is not acting in the course of a trade or business and who enters into a distance sales contract with the business;
Day : calendar day;
Durable contract : a distance sales contract concerning a number of products and/or services where the delivery and/or receipt obligation is spread over time;
Durable medium : any means which enables the consumer or business to store information addressed personally to them in a way that allows the information to be accessed in the future and reproduced unchanged.
Right of withdrawal : the consumer’s possibility to withdraw from the distance sales contract within the withdrawal period;
Business : the natural or legal person who offers products and/or services to consumers at a distance;
Distance sales contract : an agreement concluded as part of a system organised by the company for the distance sale of products and/or services, exclusively by means of one or more forms of distance communication;
Distance communication technique : a means which can be used to conclude an agreement without the consumer and the company being physically present at the same time.
General terms and conditions : these general terms and conditions of the company.
Article 2 – Applicability
These general terms and conditions apply to any offer from the company and to any distance sales contract concluded as well as orders between the company and the consumer.
Before a distance sales contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be stated before the conclusion of the contract where the terms and conditions can be viewed at the company and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance sales contract is concluded electronically, these general terms and conditions may – contrary to the above – be made available electronically before the conclusion of the contract in a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be stated before the conclusion of the contract where the terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise upon request by the consumer.
If – in addition to these general terms and conditions – special product or service conditions apply, the second and third paragraphs shall apply accordingly and the consumer may always invoke the provision that is most advantageous to him in the event of conflicting conditions.
If one or more provisions of these general terms and conditions are at any time declared invalid or are repealed in whole or in part, the agreement and the remaining provisions shall remain in force. In such a case, the provision in question will be replaced by mutual agreement with a provision that corresponds as closely as possible to the original intention.
Situations not regulated in these terms and conditions shall be assessed in accordance with the "spirit" of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be explained in accordance with the "spirit" of these general terms and conditions.
Article 3 – The Offer
If an offer has a limited period of validity or is subject to conditions, this is clearly stated in the offer.
The offer is non-binding. The company reserves the right to change and adapt 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 assess the offer correctly. If images are used, these are a truthful representation of the products and/or services. Obvious errors in the offer are not binding.
All images and specifications in the offer are indicative and cannot lead to compensation or termination of the contract.
The offer must clearly state what the consumer's rights and obligations are in the event of acceptance. This includes in particular:
- The price, excluding import duties and VAT. These additional costs are at the consumer's own expense and risk;
- Any shipping costs;
- How the agreement is made and what actions are required;
- The applicability of the right of withdrawal;
- Payment, delivery and fulfillment;
- Acceptance deadline for the offer;
- Whether long-distance communication costs are charged differently than standard rates;
- Whether the agreement is archived and how it can be accessed;
- How the consumer can check and correct his information before entering into a contract;
- Codes of conduct the company has adhered to and where they can be found;
- Minimum duration of the distance contract, if applicable. Optional: available sizes, colors, material types.
Article 5 – The Agreement
The agreement is concluded at the time when the consumer accepts the offer and meets the associated conditions.
If the consumer accepts electronically, the company confirms receipt immediately.
The company takes appropriate technical and organizational measures for electronic agreements.
The company may, within the framework of the law, examine the consumer's ability to pay.
The following information is included with delivery:
- The company's visiting address for complaints;
- Right of withdrawal and exceptions;
- Warranty and after-sales service;
- Information as referred to in Article 4;
- Termination conditions for permanent agreements.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. The withdrawal period starts on the day after the consumer or a third party designated by the consumer has received the product.
During the withdrawal period, the consumer must handle the product and packaging with care and only unpack it to the extent necessary to assess whether he wants to keep it.
If the consumer makes use of his right of withdrawal, he must return the product with all accessories and - if possible - in its original condition and packaging, following the reasonable and clear instructions from the company.
The consumer must notify the company in writing or by e-mail within 14 days of receipt that he wishes to exercise his right of withdrawal. The product must then be returned within a further 14 days. The consumer must be able to document the timely return, e.g. with a receipt.
If notification or return is not made within the specified periods, the purchase is binding.
Article 7 – Costs of withdrawal
If the consumer exercises his right of withdrawal, he must bear the costs of the return.
If the consumer has already paid, the company must refund the amount as soon as possible, but no later than 14 days after receipt of the product or proof of return.
Article 8 – Exclusion of the right of withdrawal
The company may exclude the right of withdrawal for certain products and services, provided that this is clearly stated in the offer:
Exceptions apply to products:
- Manufactured to consumer specifications;
- Clearly personal;
- Which are not suitable for return due to their nature;
- Which quickly deteriorates or becomes obsolete;
- With price dependent on financial market fluctuations;
- Newspapers and magazines;
- Audio and video recordings and software where the seal has been broken;
- Hygiene products with broken seals.
Exceptions apply to services:
- Accommodation, transportation, restaurant or leisure activities with a specific date or period;
- If the delivery has started with the consumer's express consent before the expiry of the withdrawal period;
- Betting and lotteries.
Article 9 – Price
Within the validity period of the offer, prices will not be increased, unless due to VAT changes.
The company may offer products with variable prices if the price depends on financial markets beyond the company's control.
Price increases within 3 months are only permitted in the event of changes in legislation.
After 3 months, only if the consumer has the option to terminate the agreement from that time.
Delivery takes place outside the EU, which is why VAT is not charged by the company. Any import costs are charged by the shipping company.
All prices are subject to printing and spelling errors. In the event of an error, the company is not obliged to deliver at the wrong price.
Article 10 – Conformity and warranty
The company guarantees that the products correspond to the agreement, the description in the offer, general usability and applicable legislation at the time of conclusion of the agreement.
Any manufacturer's warranty does not affect the consumer's statutory rights.
Defective or incorrectly delivered goods must be reported in writing within 14 days. Returns must be made in the original packaging and condition.
The warranty period corresponds to the manufacturer's warranty.
The warranty does not apply if:
- The consumer has repaired or modified the product themselves;
- The product has been exposed to abnormal conditions;
- The error is due to public regulations regarding material selection or product safety.
Article 11 – Delivery and fulfillment
The company will exercise the greatest possible care when receiving and fulfilling orders.
Unless otherwise agreed, the order will be delivered within 30 days.
In the event of delay or failure to deliver, the consumer must be informed within 30 days and may cancel the agreement free of charge.
In the event of cancellation, the amount paid will be refunded within 14 days.
If the ordered item cannot be delivered, a replacement item will be offered. This will be clearly stated upon delivery.
The right of withdrawal also applies to replacement items. Return costs are then the company's responsibility.
The risk of damage or loss only passes to the consumer upon delivery.
Article 12 – Permanent contracts: duration, termination and extension
Termination:
The consumer may terminate an indefinite contract at any time with one month's notice.
Fixed-term contracts may be terminated at the end of their term with up to one month's notice.
Termination must be possible at any time, in the same way as the contract was concluded.
Extension:
Fixed-term agreements cannot be automatically extended, except:
- Newspaper/magazine subscriptions can be extended for up to 3 months, with one month's notice of termination.
- Services can be extended indefinitely if the consumer can terminate with a maximum of one month (or three months) notice.
Trial subscriptions automatically stop after the trial period.
Duration:
For agreements over one year, the consumer can terminate after one year with a maximum of one month's notice, unless it is unreasonable given the nature of the agreement.
Article 13 – Payment
Unless otherwise agreed, payment must be made within 7 working days of the start of the withdrawal period.
For services, the deadline is from receipt of confirmation.
Errors in payment information must be reported immediately.
In the event of non-payment, the company may charge reasonable collection costs.
Article 14 – Complaints procedure
Complaints must be submitted in writing and clearly described no later than 7 days after the defect is discovered.
Complaints will be answered within 14 days. If it takes longer, a notification will be given with the expected response time.
If the dispute cannot be resolved amicably, it is considered a dispute that can be dealt with through dispute resolution.
A complaint does not suspend obligations unless the company confirms this in writing.
If the complaint is justified, the company will, at its own discretion, repair or replace the goods.
Article 15 – Disputes
Agreements between the consumer and the company are exclusively governed by Dutch law, even if the consumer is resident abroad.