General Terms and Conditions

Below you will find terms and conditions that you can use for your webshop. Please note: no rights can be derived from these terms and conditions. Consult a lawyer if you have doubts about their content.

Article 1 – Definitions

In these conditions, the following terms shall have the following meanings:

Reflection period: the period within which the consumer may exercise his right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business 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 delivery and/or performance obligation is spread over time;

Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the reflection period;

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

Distance contract: a contract concluded as part of an organized system for distance selling of products and/or services, where only one or more techniques for remote communication up to and including the conclusion of the contract are used;

Remote communication technique: a means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same space. Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur [BUSINESS NAME] [STREET NAME] [HOUSE NUMBER], [POSTCODE] [CITY]; Email: [EMAIL ADDRESS] Chamber of Commerce number: [COC NUMBER] VAT identification number: [VAT NUMBER]

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

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 can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium.

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 to the consumer free of charge by electronic means or otherwise upon request.

In cases where specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are void or are nullified at any time, the agreement and these terms and conditions shall remain in force for the rest, and the relevant provision shall be replaced by a provision that approaches the intent of the original as closely as possible through mutual consultation.

Situations not provided for in these general terms and conditions shall 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 shall 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 will be explicitly stated 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 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 offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot be a basis for damages or dissolution of the agreement. Images with products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information such 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: the price including taxes; any shipping costs; the manner in which the contract will be concluded and what actions are required for this; whether or not the right of withdrawal applies; the method of payment, delivery, and execution of the contract; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price; the amount of the rate for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication medium used; whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer; the manner in which the consumer, prior to the conclusion of the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected himself and the way 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 compliance with the conditions laid down.

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 entrepreneur has not confirmed the receipt of this acceptance, 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 take appropriate security measures in this respect.

Within the statutory framework, the entrepreneur may check 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 grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur shall provide the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service to the consumer: a. the visiting address of the establishment of the entrepreneur where the consumer can address complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; d. the data mentioned in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the performance of the agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery.

Each agreement is concluded subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reflection period commences on the day following receipt of the product by the consumer or a previously designated representative notified to the entrepreneur by the consumer.

During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied 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 obliged to notify the entrepreneur of this within 14 days after receipt of the product by means of a written message/email. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer 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 dispatch.

If the customer has not indicated use of his right of withdrawal within the terms mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the online retailer or proof of complete return can be provided.

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. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in a timely manner before concluding the contract. Exclusion of the right of withdrawal is only possible for products: a. that are made by the entrepreneur according to the consumer's specifications; b. that are clearly of a personal nature; c. that by their nature cannot be returned; d. that can quickly spoil or age; e. where the price is dependent on fluctuations in the financial market over which the entrepreneur has no influence; f. for single newspapers and magazines; g. for audio and video recordings and computer software where the consumer has broken the seal; h. for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period; b. where the provision has begun with the consumer's explicit consent before the cooling-off period has expired; c. concerning bets and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, prices for 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 prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. These fluctuations and the fact that any stated prices are indicative will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement 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 agreement with effect from the day on which the price increase takes effect.

The prices of products or services mentioned in the offer include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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 soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, 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 can enforce against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in their 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 each 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 or modified the delivered products themselves or had them repaired or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or those on the packaging;
• the defectiveness is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will observe the greatest possible care when receiving and executing orders for products and will deliver the accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation. In case of dissolution pursuant to 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. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. It will be clearly and comprehensibly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded with replacement items. The costs of any return shipment are borne by the entrepreneur. 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 notified representative of the entrepreneur, unless expressly agreed otherwise.

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

Termination: The consumer can terminate an agreement that has been entered into for an indefinite period and that concerns the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month. The consumer can terminate an agreement that has been entered into for a definite period and that concerns the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to the agreed termination rules and a notice period of up to one month. The consumer can terminate the agreements mentioned in the preceding paragraphs:

• at any time and is not limited to termination at a specific time or in a specific period;
• at least in the same manner as they were entered into by him;
• always with the same notice period as that stipulated for the entrepreneur himself.

Renewal: An agreement that has been entered into for a definite period and that concerns the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specific duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month. An agreement that has been entered into for a definite period and that concerns the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of up to one month and a notice period of up to three months in case the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end upon expiration of 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 with a notice period of up to one month after one year, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received the confirmation of the agreement. The consumer has the obligation to report promptly to the entrepreneur any inaccuracies in the payment details provided or mentioned. In case of default by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs notified to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, 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 period of 14 days 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 consultation, a dispute arises that is susceptible to the dispute settlement procedure. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at his discretion.