General terms and conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
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Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
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Day: Calendar day.
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Continuous transaction: A distance contract regarding a series of products and/or services, where the delivery and/or acceptance obligation is spread over time.
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Durable medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
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Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
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Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers.
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Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusively one or more means of distance communication are used until the contract is concluded.
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Means of distance communication: Any means that can be used for concluding a contract without the consumer and the entrepreneur being simultaneously present in the same location.
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General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract without giving any reason within a 30-day cooling-off period. During this period, the consumer shall handle the product and packaging with care.
If the consumer exercises the right of withdrawal, they shall return the product with all accessories and, if reasonably possible, in its original condition, following reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by the entrepreneur, every distance contract concluded, and all orders between the entrepreneur and the consumer.
Before a 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, the consumer will be informed prior to concluding the contract that the terms and conditions can be inspected at the entrepreneur and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions can, by deviation from the previous paragraph, be made available electronically in a way that allows the consumer to store it on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be consulted electronically and that they will be sent free of charge upon request.
If, in addition to these General Terms and Conditions, specific product or service terms apply, the second and third paragraphs apply accordingly. In case of conflicting terms, the consumer may invoke the provision most favorable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remaining provisions of the contract and these terms shall remain in effect, and the affected provision will be replaced promptly by a provision that approximates the original intent as closely as possible.
Situations not covered by these terms shall be assessed “in the spirit” of these General Terms and Conditions. Ambiguities regarding the interpretation of one or more provisions shall also be interpreted in this spirit.
Article 4 – The Offer
If an offer has a limited validity or is subject to conditions, this will be clearly stated in the offer. The offer is non-binding. The entrepreneur reserves the right to modify or adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment.
Images, if used, provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications are indicative and cannot give rise to claims for damages or annulment of the contract. Product images are accurate representations, but the entrepreneur cannot guarantee exact color matches.
Every offer contains sufficient information so the consumer is aware of the rights and obligations associated with accepting the offer, including:
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Shipping costs.
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How the contract will be concluded and necessary actions.
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Applicability of the right of withdrawal.
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Payment, delivery, and execution methods.
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Offer validity and price guarantees.
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Communication costs if using a means of distance communication beyond the standard rate.
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Contract archiving and accessibility.
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How consumers can check and correct their data.
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Available languages for the contract.
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Entrepreneur’s codes of conduct and how consumers can consult them electronically.
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Minimum duration for continuous transactions.
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Optional: available sizes, colors, materials.
Article 5 – The Contract
The contract is concluded at the moment the consumer accepts the offer and meets its conditions.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until this confirmation is sent, the consumer may dissolve the contract.
The entrepreneur takes appropriate technical and organizational measures for secure data transmission and a safe web environment. If electronic payment is possible, appropriate security measures will be applied.
The entrepreneur may verify whether the consumer can meet their payment obligations and all relevant factors before entering into the contract. If justified concerns exist, the entrepreneur may refuse or attach special conditions to the order.
Information provided with the product or service must include:
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The entrepreneur’s business address for complaints.
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Conditions and methods for exercising the right of withdrawal.
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Warranty and after-sales service information.
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Details as per Article 4, paragraph 3, unless already provided.
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Requirements for terminating contracts longer than one year or indefinite duration.
For continuous transactions, the previous paragraph applies only to the first delivery. All contracts are subject to product availability.
Article 6 – Right of Withdrawal (Products)
Consumers may cancel the contract within 30 days without giving reasons.
The period starts the day after the product is received by the consumer or a designated representative.
During the cooling-off period, the consumer shall handle the product and packaging carefully and only use it to assess whether they wish to keep it.
If exercising the right of withdrawal, the product, all accessories, and original packaging (if reasonably possible) must be returned following the entrepreneur’s instructions.
Notice of withdrawal must be given within 30 days of receiving the product. After notifying, the product must be returned within 30 days, and proof of return must be provided.
If the consumer fails to notify or return the product within these periods, the sale is considered final.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds will be issued within 30 days of withdrawal, provided the product is received or proof of return is supplied.
Article 8 – Exclusion of Withdrawal Right
The entrepreneur may exclude the right of withdrawal for certain products if clearly stated before the contract is concluded. This applies to products:
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Custom-made according to consumer specifications.
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Clearly personal in nature.
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Not returnable by nature.
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Perishable or likely to expire quickly.
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Whose price depends on market fluctuations outside the entrepreneur’s control.
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Loose newspapers and magazines.
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Sealed media, video recordings, or software once opened.
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Sealed hygienic products once opened.
Article 9 – Price
Prices in the offer remain valid for the stated period, except for VAT-related changes.
Products linked to market fluctuations may have variable prices, indicated in the offer.
Price increases within three months after contract conclusion are allowed only if legally required. After three months, increases are allowed only if agreed, with the consumer having the right to cancel.
All prices are subject to typographical errors without liability for the entrepreneur.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products/services meet the contract, specifications, reasonable quality and usability standards, and applicable laws.
Manufacturer warranties do not affect statutory consumer rights.
Defects or incorrect products must be reported within 30 days. Returns must be in original packaging and new condition.
The entrepreneur is never responsible for the suitability of products for individual applications or advice regarding use.
Warranty does not apply if:
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Products are altered or repaired by the consumer or third parties.
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Products are exposed to abnormal circumstances or mishandled.
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Defects result from government regulations regarding material nature or quality.
Article 11 – Delivery and Execution
The entrepreneur will handle orders with care.
Accepted orders will be executed promptly, but no later than 30 days, unless agreed otherwise.
If delivery is delayed or partially impossible, the consumer will be informed within 30 days and may cancel the order free of charge with potential compensation.
Risk of damage/loss remains with the entrepreneur until delivery to the consumer or designated representative, unless otherwise agreed.
Replacement products retain the right of withdrawal; return costs are borne by the entrepreneur.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
Termination:
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Indefinite contracts can be terminated at any time with a maximum notice of one month.
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Fixed-term contracts can be terminated at the end of the term with a maximum one-month notice.
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Consumer may terminate at any time, in the same manner and with the same notice as the entrepreneur.
Renewal:
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Fixed-term contracts cannot be silently renewed, except for newspapers/magazines (max 3 months) with cancellation rights.
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Trial subscriptions end automatically.
Duration:
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Contracts longer than one year can be terminated after one year with max one-month notice, unless fairness prevents early termination.
Article 13 – Payment
Unless otherwise agreed, payment is due within seven days after the cooling-off period starts.
For services, this period starts after confirmation.
Consumers must report payment errors immediately.
In case of late payment, reasonable costs may be charged unless prohibited by law.
Article 14 – Complaints Procedure
Complaints must be reported within seven days after discovery.
Complaints will be answered within 14 days. If longer, an acknowledgment with an estimated response time will be provided.
If unresolved, the dispute may proceed to a dispute resolution body.
Grounded complaints may result in free repair or replacement of products.
Article 15 – Disputes
Dutch law exclusively applies to contracts between the entrepreneur and consumer, even if the consumer resides abroad.