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: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time; Durable medium: any medium that enables the consumer or entrepreneur to store information personally addressed 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 cancel the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers; Distance contract: a contract concluded in the context of a distance sales system organised by the entrepreneur for the sale of products and/or services, whereby up to and including the conclusion of the contract, only one or more distance communication techniques are used; Distance communication technique: a means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place simultaneously. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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 reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request. If the distance contract is concluded electronically, deviating from the previous sentence 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 it can be easily stored by the consumer on a durable medium. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request. In the case that specific product or service terms and conditions also apply alongside these general terms and conditions, the second and third paragraphs are correspondingly applicable, and the consumer can always rely on the applicable provision that is most favourable to them in the event of conflicting general terms and conditions. If one or more provisions of these general terms and conditions are wholly or partially invalid or declared void at any time, the contract and these terms and conditions will remain in effect for the remainder, and the relevant provision will be promptly replaced by a provision that approximates the original as closely as possible. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be explained ‘in the spirit’ of these general terms and conditions.
Article 3 – 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 change and adjust the offer. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products. Every offer contains information such that it is clear to the consumer what the rights and obligations are that are associated with accepting the offer. This particularly concerns: the price excluding 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, and performance of the contract; the period within which the offer can be accepted, or the period within which the entrepreneur guarantees the price; the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used; whether the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer; the way in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract; any other languages in which the contract can be concluded in addition to Dutch; the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of an ongoing transaction. Optional: available sizes, colours, types of materials.
Article 4 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for a proper conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they are entitled to refuse a purchase or request, or to attach special conditions to the performance. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium: a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; c. information on warranties and existing after-sales service; d. 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; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of an indefinite duration. In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery. Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 5 – Right of Withdrawal
When purchasing products, the consumer has the possibility to dissolve the contract without giving any reason within 30 days. This cooling-off period starts the day after the consumer or a representative previously designated and notified to the entrepreneur by the consumer 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 wish to keep the product. If they use their right of withdrawal, they must return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to use their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by means of a written message/email. After the consumer has notified the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment. If the consumer has not notified their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is final.
Article 6 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products are for the consumer's account. If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. However, this is on the condition that the product has already been received by the retailer or proof of complete return shipment can be provided.
Article 7 – 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 in good time before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. which have been manufactured by the entrepreneur according to the consumer’s specifications; b. which are clearly of a personal nature; c. which, by their nature, cannot be returned; d. which can quickly deteriorate or become obsolete; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence. The right of withdrawal cannot be excluded for services: a. relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period; b. whose delivery with the consumer’s prior explicit consent has started before the cooling-off period has expired; c. concerning betting and lottery services.
Article 8 – 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 can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The offer will state this fluctuation and the fact that any prices mentioned are guide prices. 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: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the contract as of the day on which the price increase takes effect. The prices mentioned in the offer of products or services include VAT.
Article 9 – Compliance and Warranty
The entrepreneur guarantees that the products and/or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. An arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect these rights and claims that the consumer can assert against the entrepreneur in the event of a shortcoming in the performance of the obligations of the entrepreneur under the law and/or the distance contract.
Article 10 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services. The place of delivery is the address that the consumer has provided to the entrepreneur. With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with reasonable speed but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the contract free of charge and will be entitled to any compensation. After dissolution in accordance with the previous sentence, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and notified to the entrepreneur, unless explicitly agreed otherwise.
Article 11 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid immediately upon ordering, without deduction or setoff, or in instalments according to the agreement. The consumer has the duty to report inaccuracies in payment details provided or mentioned to the entrepreneur without delay. If the consumer does not meet their payment obligation(s) in time, they will be liable to pay the statutory interest on the amount due after they have been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still meet their payment obligations, after which the consumer remains in default.
Article 12 – Complaints Procedure
The entrepreneur has a sufficiently published complaints procedure and handles the complaint according to this complaints procedure. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects. Complaints must be submitted in writing or by email. 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 14 days with a message 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 the dispute resolution procedure.
Article 13 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. The Vienna Sales Convention does not apply. Disputes between the consumer and the entrepreneur about the formation or performance of contracts relating to products and services to be supplied or supplied by this entrepreneur can be submitted to the Disputes Committee (SGC) in Amsterdam or the legally competent court in Amsterdam.