Terms of service

Article  1 - Definitions
Article  2 - Identity of the entrepreneur
Article  3 - Applicability
Article  4 - The offer
Article  5 - The agreement
Article  6 - Right of withdrawal
Article  7 - Costs in case of withdrawal
Article  8 - Exclusion of the right of withdrawal
Article  9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Long-term transactions: duration, termination, and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

Cooling-off period: the period during which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession and 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, where the obligation to supply and/or purchase is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
Means of distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same space at the same time.
General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Name of the entrepreneur:
Telephone number:
Email address:
Chamber of Commerce (KvK) number:
VAT identification number:

Article 3 – Applicability

These General Terms and Conditions apply to every offer from 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 consulted electronically and that they will be sent electronically or in another manner free of charge upon request by the consumer.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced by mutual agreement without delay by a provision that approaches the purpose of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms must be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and which actions are required for that;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if necessary, correct the information provided by them under the agreement before the conclusion of the agreement;
any other languages in which the agreement may be concluded, in addition to Dutch;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term 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 of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.

If the consumer has accepted the offer electronically, the entrepreneur shall 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 agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures for this.

The entrepreneur may – within legal frameworks – inquire whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur shall send the following information to the consumer along with the product or service, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's business location where the consumer can submit complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after receipt of the product by the consumer or a third party designated in advance by the consumer and known to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises 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.

If the consumer wishes to make use of his right of withdrawal, he is required to notify the entrepreneur within 14 days of receipt of the product. The consumer must do this using the model withdrawal form. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must provide proof that the goods were returned on time, for example by means of a shipping receipt.

If, after the expiration of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that he wishes to exercise his right of withdrawal and has not returned the product to the entrepreneur, the purchase is a fact.

For the delivery of services:

In the case of services, the consumer has the right to dissolve the agreement without giving reasons for a period of at least 14 days, starting on the day the agreement is entered into.

To make use of his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or upon delivery.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, at most the costs of return shall be at his expense.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product already being received back by the web retailer or conclusive proof of complete return being provided. The refund shall be made using the same payment method as used by the consumer, unless the consumer expressly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.

The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before concluding the purchase agreement.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

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

that have been created by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygienic products whose seal has been broken by the consumer.

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

concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
the performance of which has started with the explicit consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

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.

In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

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

The prices stated in the offer of products or services are inclusive of VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of such 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 comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.

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

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the entrepreneur’s instructions and/or the instructions on the packaging;
The defect is entirely or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.

The place of delivery shall be the address that the consumer has made known to the company.

With due observance of what is stated in paragraph 4 of this article, the company shall execute accepted orders promptly but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to any compensation.

All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of 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 previously designated and disclosed representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Term, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
- terminate the agreements referred to above at any time and not be restricted to termination at a specific time or within a specific period;
- terminate them in the same manner as that in which they were entered into;
- always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
By way of derogation from 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, if the consumer can terminate the 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 tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case of agreements that involve regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
A fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines by way of introduction (trial or introductory subscription) shall not be tacitly continued and will automatically end after 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 otherwise before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6(1). In the case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.
The consumer is obliged to report inaccuracies in 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 consumer reasonable costs previously made known.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement 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 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
In the case of complaints, the consumer must first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
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 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 exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions must not be to the consumer’s detriment 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 data carrier.

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