General terms and conditions

Article 1 – Definitions

These terms and conditions shall have the following meanings:
Cooling off period: The period during which the consumer may exercise his right of withdrawal.
Consumer: The natural person who is not acting in the course of a trade or business and who enters into a distance contract with the business.
Day: Calendar day.
Durable transaction: A distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable data medium: Any means that enables the consumer or the business to store information addressed to him personally, in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the contract within the withdrawal period.
Business: The natural or legal person that offers products and/or services to consumers at a distance.
Distance sales contract: A contract where, in connection with a system for the distance sale of products and/or services organised by the trader, one or more techniques of distance communication are exclusively used until the conclusion of the contract. Distance communication technique: Means that can be used to conclude a contract without the consumer and the trader being together in the same room at the same time.
General terms and conditions: The general terms and conditions of the entrepreneur.

Article 2 – Right of withdrawal

The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer must treat the product and its packaging with care.
If the consumer exercises his right of withdrawal, he must return the product with all accessories and, if possible, in its original condition, in accordance with reasonable instructions from the undertaking.

Article 3 – Applicability

These general terms and conditions apply to all offers from the business and to all distance contracts and orders concluded between the business and the consumer.
Before the distance 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 shall be stated before the distance contract is concluded that the general terms and conditions can be viewed at the trader and that they will be sent free of charge as soon as possible at the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it shall be stated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge at the consumer’s request, electronically or otherwise.If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or are revoked, the agreement and these terms and conditions shall remain in full force and effect, and the provision in question shall be immediately replaced by a provision that corresponds as closely as possible to the meaning of the original provision.
Situations not regulated in these general terms and conditions shall be assessed “in accordance with the spirit” of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in accordance with the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to certain conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur has 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 enable the consumer to assess the offer in a good way.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or obvious shortcomings in the offer are not binding on the entrepreneur.
All images and specifications in the offer are indicative and cannot provide grounds for compensation or cancellation of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with acceptance of the offer. This applies in particular to:
Any shipping costs. The manner in which the contract will be concluded and the actions necessary for this.
Whether or not the right of withdrawal applies.
The manner in which payment, delivery and performance of the contract will take place.
The deadline for accepting the offer, or the deadline within which the entrepreneur guarantees the price.
The amount of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the usual basic tariff for the means of communication used.
Whether the contract is archived after conclusion, and if so, how it can be consulted by the consumer.
The manner in which the consumer can check and, if desired, correct the information he has provided in connection with the contract before the contract is concluded.
Any other languages in which the contract can be concluded, in addition to Dutch.
The codes of conduct to which the undertaking has subscribed and the manner in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of a lasting transaction.
Optional: available sizes, colours, type of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of point 4, at the time the consumer accepts the offer and meets the stated conditions.
If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to ensure electronic data transmission and to ensure a secure online environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may – within the limits of the law – inform himself about the consumer’s ability to meet his payment obligations, as well as about all facts and factors relevant to a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to reject an order or request with justification or to attach special conditions to its implementation. The entrepreneur shall send the consumer the following information, in writing or in such a way that it can be stored in an accessible manner on a durable medium, together with the product or service:
The visiting address of the entrepreneur's business, to which the consumer can address complaints.
The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded.
Information on guarantees and existing after-sales service.
The information in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.
The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a lasting transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is concluded under the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 30 days.
This cooling-off period begins on the day after the consumer or a representative designated by the consumer in advance and made known to the company has received the product.
During the cooling-off period, the consumer must treat the product and its packaging with care. He must only unpack or use the product to the extent necessary to be able to assess whether he wants to keep the product.
If he exercises his right of withdrawal, he must return the product with all accessories and – if reasonably possible – in its original condition and packaging to the retailer, in accordance with the reasonable and clear instructions given by the retailer.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the retailer of this within 30 days of receipt of the product. The consumer must notify by means of a written message or e-mail. After the consumer has notified that he wishes to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If the customer has not notified that he wishes to exercise his right of withdrawal and/or has not returned the product to the retailer within the deadlines mentioned in points 2 and 3, the purchase is final. 

Article 7 – Costs 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 retailer shall refund this amount as soon as possible, but at the latest within 30 days of the withdrawal. However, this is conditional on the product having already been received by the retailer or on the provision of complete proof of the complete return.

Article 8 – Exclusion from the right of withdrawal

The company may exclude the consumer's right of withdrawal for certain products as described in points 2 and 3. The exception to the right of withdrawal only applies if the company has clearly stated this in the offer, at least in good time before the contract is concluded.
Exclusion from the right of withdrawal is only possible for products:
Which are manufactured by the trader in accordance with the consumer's specifications.
Which are of a clearly personal nature.
Which due to their nature cannot be returned.
Which may be damaged or obsolete quickly.
If the price is linked to fluctuations in the financial market over which the trader has no influence.
For loose newspapers and magazines.
For media and video recordings and computer software on which the consumer has broken the seal.
For hygiene products where the consumer has broken the seal.

Article 9 – Price

During the validity period of the offer, the prices of the offered products and/or services will not be increased, with the exception of price changes resulting from changes in VAT rates.
In derogation from the previous paragraph, the entrepreneur may 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. This binding to fluctuations and the fact that any prices quoted are indicative prices will be stated in the offer.
Price increases within three months of the conclusion of the agreement are only permitted if they are the result of statutory provisions or regulations.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
These are the result of statutory provisions or regulations.
The consumer has the right to terminate the agreement with effect from the day the price increase comes into effect.
All prices are subject to printing and typing errors. No liability is assumed for the consequences of printing and typing errors. In the event of printing and typesetting errors, the contractor is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The contractor guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements for quality and/or usability and the legal provisions and/or public regulations in force on the date of conclusion of the agreement. If agreed, the contractor also guarantees that the product is suitable for use other than normal.
A warranty given by the contractor, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the contractor on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the contractor in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty period from the contractor corresponds to the factory warranty period. However, the contractor is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice on the use or application of the products.
The warranty does not apply if: Forbrukeren selv har reparert og/eller bearbeidet de leverte produktene eller har fått dem reparert og/eller bearbeidet av tredjepart.
De leverte produktene har vært utsatt for unormale forhold eller på annen måte blitt behandlet uforsiktig eller i strid med entreprenørens anvisninger og/eller anvisningene på emballasjen.
Mangelen helt eller delvis skyldes forskrifter som myndighetene har fastsatt eller vil fastsette med hensyn til arten eller kvaliteten av de anvendte materialene. 

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders with reasonable speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or cannot be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract without costs and the right to any compensation.
In the event of termination pursuant to the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination. If delivery of an ordered product proves to be impossible, the contractor will do its utmost to make a replacement product available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement product will be delivered.
In the case of replacement products, the right of withdrawal cannot be excluded. The costs of any return shipment are at the contractor's expense.
The risk of damage and/or loss of products lies with the contractor until delivery to the consumer or a previously designated representative known to the contractor, unless otherwise expressly agreed. 

Article 12 – Enduring transactions: duration, termination and extension

Termination
The consumer may terminate at any time a contract concluded for an indefinite period and relating to the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate at any time a contract concluded for a specific period and relating to the regular supply of products (including electricity) or services, towards the end of the specified period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may agree as referred to in the preceding paragraph:
terminate at any time and is not limited to termination at a specific time or for a specific period;
terminate in at least the same manner as they were concluded by him; always terminate with the same notice period as the entrepreneur has set for himself.
Extension
A contract concluded for a specific period and which concerns the regular supply of products (including electricity) or services cannot be extended or renewed tacitly for a specific period.
By way of derogation from the previous paragraph, a contract concluded for a specific period and which concerns the regular supply of daily newspapers, news papers, weekly magazines and magazines may be tacitly extended for a specific period of a maximum of three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of a maximum of one month. A contract concluded for a specific period and relating to the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract concerns the regular, but less than once a month, supply of daily newspapers, news papers, weekly magazines and magazines.
A contract with a limited duration for the regular supply of daily newspapers, news papers, weekly magazines and magazines (trial or introductory subscription) is not tacitly extended and automatically terminates after the purchase of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness indicate that termination before the end of the agreed duration is not appropriate. 

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer shall be paid within seven working days after the cooling-off period referred to in Article 6, paragraph 1, has come into effect.
In the case of a contract for the provision of a service, this period shall begin to run after the consumer has received the confirmation of the contract.
The consumer is obliged to immediately notify the trader of any errors in the payment details provided or indicated.
In the event of non-payment by the consumer, the trader is entitled, subject to statutory restrictions, to claim reasonable costs that have been made known to the consumer in advance. 

Article 14 – Complaints procedure

Complaints regarding the performance of the contract must be sent to the contractor within seven days of the consumer noticing the defects and must be completely and clearly described.
Complaints sent to the contractor will be answered within 14 days from the date of receipt.
If a complaint requires an expected longer processing time, the contractor will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that can be dealt with in accordance with the dispute resolution procedure.
A complaint does not suspend the contractor's obligations, unless the contractor indicates otherwise in writing.
If a complaint is found justified by the contractor, the contractor will, at its own 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 subject to Dutch law.
This also applies if the consumer is resident abroad.