General terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions shall apply: Grace period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader; Day: calendar day; Extended duration transaction: a distance contract relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time; Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally in a addressed to him, to be stored in a way that allows future consultation and unaltered reproduction of the stored information. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period distance; Entrepreneur: the natural or legal person who remotely offers products and/or services to consumers; Distance contract: an agreement whereby, in the context
of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication; Technique for distance communication distance: means that can be used for concluding an agreement, without the consumer and entrepreneur have come together simultaneously in the same room. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Right of withdrawal
The consumer has the right, within a cooling-off period of 30 days, to return the
statement of reasons to revoke the agreement to withdraw. During the reflection period, the consumer will treat the product and its packaging. If the consumer exercises his right of withdrawal, he will return the product with all delivered
accessories and, if possible, return it in its original condition, in accordance with reasonable instructions of the
entrepreneur.
Article 3 - Applicability
These general terms and conditions apply to every offer
of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer. Before the distance contract is concluded, the the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be made available as soon as possible at the consumer's request. Request of the consumer, they will be sent free of charge as soon as possible. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions electronically to the consumer be made available in such that it can be easily accessed by the consumer. stored on a durable data carrier. If this is not reasonably possible, it will
Before the distance contract is concluded, it will be indicated where the general
general terms and conditions can be inspected electronically and that they will be made available free of charge at the consumer's request. Request of the consumer, they will be sent electronically or otherwise free of charge. be sent. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly and the apply by analogy and in the event of conflicting general terms and conditions always rely on the applicable provision that is most favourable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, then the agreement and these terms and shall otherwise remain in force and the provision in question shall be promptly replaced in mutual consultation replaced by a provision that approaches the purport of the original provision as closely as possible. as much as possible. Situations not provided for in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, 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 under
conditions, this will be explicitly mentioned in the offer. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer as possible. If the entrepreneur uses images are a truthful representation of the products and / or services offered. services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. Not binding. All images, specifications and data in the offer are indicative and can not be cause for compensation or dissolution of the agreement. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular: any costs of shipment; the manner in which the agreement will be concluded and which actions are necessary for this; whether or not the applicable of the right of withdrawal; the method of payment, delivery and implementation of the agreement; the period for accepting the offer, or the period within which the trader guarantees the price; the level of the rate of communication distance if the costs for using the technology for distance communication are are calculated on a basis other than the regular basic rate for the means of communication; whether the agreement will be archived after conclusion, and if so in which way it can be consulted by the consumer; the way in which the consumer, prior to the conclusion of the agreement, the information provided by him in the framework of the agreement can check and, if desired, repair the data provided by him under the agreement; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the trader has submitted and the way in which the consumer can consult these codes of conduct can be consulted electronically; and the minimum duration of the distance contract in case of a duration transaction. Optional: available sizes, colours, type of materials.
Article 5 - The agreement
The agreement, subject to the provisions of paragraph 4, comes about at the moment of acceptance by the consumer of the offer and the
fulfillment of the conditions thereby stipulated. If the consumer has accepted the offer accepted the offer electronically, the trader will immediately confirm receipt of
receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data of data and ensures a secure web environment. If the consumer can pay electronically pay, the entrepreneur will observe appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the contract. For a responsible conclusion of the remote agreement. If the entrepreneur
has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order or application or to attach special attach special conditions. With the product or service, the entrepreneur shall provide the
consumer the following information, in writing or in such a way that it can be
consumer in an accessible manner can be stored on a durable data carrier, including: a. the visiting address of the trader's office where the consumer can lodge complaints consumer with complaints; b. the conditions on which and the way in which the consumer can consumer can make use of the right of withdrawal, or a clear indication on the exclusion of the right of withdrawal; c. the information on guarantees and existing existing after-sales service; d. the information included in article 4 paragraph 3 of these conditions data, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the
possibility of dissolving the agreement without giving reasons for a period of 30 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader. Representative. During the reflection period, the consumer will treat the product and the packaging. He will only unpack or use the product to the extent that as necessary to assess whether he wishes to keep the product. If he
exercises his right of withdrawal, he shall return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur return, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 30 days, after receiving the product, to the entrepreneur. The consumer must do so by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the
return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
dispatch. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his
right of withdrawal, the costs of returning the products are for the account of
the consumer. If the consumer has paid an amount, the entrepreneur will return this amount
as soon as possible, but at the latest within 14 days after withdrawal. This is
condition that the product has already been received back by the entrepreneur or that conclusive
proof of complete return.
Article 8 - Exclusion of right of withdrawal
The trader can exclude the consumer's right of withdrawal for consumer for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, or at least in good time before before concluding the contract. Exclusion of the right of withdrawal is only possible for products
created by the entrepreneur in accordance with the consumer's specifications; b. which are are clearly personal in nature; c. cannot be returned due to their nature
d. that spoil or age quickly; e. the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence; f. the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. h. for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period; b. whose delivery with the express consent of the consumer before the cooling-off period has expired; c. concerning betting and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of
of the products and/or services offered are not increased, except for price changes as due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur can products or services whose prices are subject to fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This linked to fluctuations and the fact that any prices mentioned are target prices are mentioned in the offer. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the
agreement are only allowed if the entrepreneur has stipulated it and: a. they are the result of are the result of legal regulations or stipulations; or b. the consumer is authorized to to cancel the agreement as of the day on which the price increase takes effect. All prices are subject to printing and typesetting errors. No liability will be accepted for the consequences of errors, no liability is accepted. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Guarantee
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable reasonable requirements of soundness and/or usability and the existing statutory provisions and/or establishment of the agreement existing legal provisions and/or government regulations. If agreed, the trader also guarantees that
the product is suitable for other than normal use. A guarantee provided by the trader, manufacturer importer does not detract from the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application 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 has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have been treated carelessly, or have been treated in violation of the instructions from the entrepreneur and/or those provided on the packaging;
- The defect is wholly or partly the result of regulations set by the government or future regulations concerning the nature or quality of the materials used.
Article 11 – Delivery and Performance
The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products. In accordance with what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If there is a delay in delivery, or if an order can only be partially executed or not executed at all, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to cancel the agreement without incurring any costs and is entitled to any compensation. In the event of cancellation under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute product. At the latest upon delivery, it will be clearly and understandably communicated that a replacement product is being delivered.
The right of withdrawal cannot be excluded for substitute products. The costs of any return shipment are to be borne by the entrepreneur. The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or to a representative designated by the consumer and known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Duration Contracts: Termination and Extension
Termination
The consumer can terminate an agreement entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and with a notice period of at most one month.
The consumer can terminate an agreement entered into for a fixed period, 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 with a notice period of at most one month.
The consumer may terminate the agreements mentioned in the previous sections:
- at any time and is not limited to termination at a specific time or during a certain period;
- at least in the same way they were entered into by the consumer;
- always with the same notice period as the entrepreneur has agreed for themselves.
Extension
An agreement entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period, which involves the regular delivery of daily, weekly, or periodical newspapers and magazines, may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
An agreement entered into for a fixed period, which involves the regular delivery of products or services, may only be extended automatically for an indefinite period if the consumer may terminate it at any time with a notice period of at most one month, and with a notice period of at most three months in the case of an agreement for the regular delivery of daily, weekly, or periodical newspapers and magazines less than once a month.
An agreement with a limited duration for the regular delivery of daily, weekly, or periodical newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be automatically extended and will terminate automatically after the trial or introductory period has ended.
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 at most one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the reflection period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer is obligated to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the case of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs, as previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and with a clear description within 7 days after the consumer has discovered the defects. 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 the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur has stated 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
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.