Terms and conditions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the trader;

Day: calendar day;

Ongoing agreement: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that allows the consumer or trader to store information addressed personally to them in a way that enables future consultation and unaltered reproduction of the stored information;

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

Trader: the natural or legal person who offers products and/or services to consumers remotely;

Distance contract: an agreement concluded within the framework of a system organised by the trader for the distance sale of products and/or services, whereby only one or more remote communication techniques are used up to and including the conclusion of the contract;

Remote communication technique: a means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time;

General terms and conditions: these present terms and conditions of the trader.

ARTICLE 2 – IDENTITY OF THE TRADER

Company name: Available on request
Chamber of Commerce (KvK) number: Available on request

ARTICLE 3 – APPLICABILITY

These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate before the contract is concluded how the terms can be viewed and that they will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the terms can be accessed electronically and that they will be sent free of charge, electronically or otherwise, upon request.

If, in addition to these terms, specific product or service terms apply, the second and third paragraphs apply accordingly, and in case of conflicting terms, the consumer may always invoke the applicable provision that is most favourable to them.

If any provision of these terms is wholly or partially null or void, the remaining terms shall remain in effect, and the invalid provision shall be replaced in mutual consultation by a valid one that most closely reflects the original intent.

Situations not covered by these terms shall be interpreted in the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions shall also be interpreted in the spirit of these terms.

 

ARTICLE 4 – THE OFFER

If an offer is valid for a limited time or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The trader reserves the right to change or amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or cancellation of the agreement.

Images of products are a true representation of the offered products. However, the trader cannot guarantee that the colours shown will exactly match the actual colours of the products.

Each offer contains information that makes it clear to the consumer what their rights and obligations are upon accepting the offer. This includes, in particular:

  • the price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the customer. The postal or courier service applies the special scheme for postal and courier services upon importation. This applies when the goods are imported into the EU country of destination, as is the case here. The postal or courier service charges the VAT (possibly together with customs duties) to the recipient of the goods;

  • any shipping costs;

  • how the agreement will be concluded and what actions are required;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the period for accepting the offer, or the period during which the trader guarantees the price;

  • the rate for remote communication if it differs from the standard base rate;

  • whether the contract will be archived after its conclusion, and if so, how the consumer can access it;

  • how the consumer can check and, if desired, correct the information they have provided before concluding the contract;

  • the possible languages, besides Dutch, in which the contract may be concluded;

  • the codes of conduct to which the trader has committed and how the consumer can consult these codes electronically;

  • the minimum duration of the distance contract in the case of an ongoing agreement;

  • Optional: available sizes, colours, and material types.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance without delay by electronic means. As long as this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.

If the agreement is concluded electronically, the trader shall implement appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all relevant facts and factors necessary for a responsible conclusion of the distance contract. If the trader has good grounds not to enter into the contract based on this investigation, they are entitled to refuse an order or attach special conditions to the execution.

The trader shall, at the latest upon delivery of the product or service, provide the following information in writing or in such a way that it can be stored accessibly by the consumer on a durable medium:

  • the address of the trader's business premises where the consumer can lodge complaints;

  • the conditions and procedures for exercising the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

  • information about warranties and post-purchase service;

  • the details as referred to in Article 4, paragraph 3 of these terms, unless the trader has already provided these to the consumer before the execution of the agreement;

  • the conditions for termination of the agreement if it has a duration of more than one year or is indefinite.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

 

ARTICLE 6 – RIGHT OF WITHDRAWAL

For products:

When purchasing products, the consumer has the right to cancel the contract without stating a reason within 14 days. This withdrawal period begins the day after the consumer—or a third party designated by the consumer, who is not the carrier—has received the product.

During the withdrawal period, the consumer must handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they shall return the product to the trader with all delivered accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must provide this notification in writing or via email. After notifying their intention to withdraw, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of postage.

If the customer has not notified their intention to withdraw within the timeframes mentioned above, the purchase is final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, they will bear the cost of returning the goods.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, and at the latest within 14 days after cancellation. This refund is subject to the condition that the product has already been received back by the trader or that conclusive proof of return can be provided. The refund will be made via the same payment method used by the consumer, unless the consumer expressly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.

The consumer cannot be held liable for any reduction in the product’s value if the trader has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL

The trader can exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this at the time of the offer or at least in a timely manner before the conclusion of the contract.

Exclusion is only possible for products:

  • that have been created according to the consumer's specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that spoil or age quickly;

  • whose price is subject to fluctuations in the financial market beyond the trader’s control;

  • for single newspapers and magazines;

  • for audio and video recordings and computer software whose seal has been broken by the consumer;

  • for hygienic products where the seal has been broken.

ARTICLE 9 – THE PRICE

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services with variable prices that are subject to fluctuations in the financial market and which the trader cannot influence. This link to fluctuations and the fact that prices stated are target prices must be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

  • they are the result of legal regulations or provisions; or

  • the consumer has the right to terminate the agreement from the day the price increase takes effect.

All prices mentioned in the offer include VAT.

ARTICLE 10 – CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in effect on the date of the contract’s conclusion. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims the consumer may assert under the contract against the trader.

 

 

ARTICLE 11 – DELIVERY AND PERFORMANCE

The trader shall take the greatest possible care in receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the trader.

Subject to what is stated in Article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed and at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract without cost and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, and at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader shall make every effort to provide a replacement item. The fact that a replacement item is being delivered shall be communicated clearly and understandably, at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shipment are borne by the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative made known to the trader, unless expressly agreed otherwise.

ARTICLE 12 – DURATION TRANSACTIONS: TERMINATION, EXTENSION AND RENEWAL

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and that involves the regular delivery of products at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that involves the regular delivery of products at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or during a specific period;

  • terminate them in the same manner as they were entered into;

  • always terminate with the same notice period as the trader has stipulated for themselves.

Extension

A fixed-term contract that involves the regular delivery of products may not be automatically extended or renewed for a fixed term.

Duration

If a contract lasts more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to report any inaccuracies in the provided or stated payment details to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs previously communicated to the consumer.

ARTICLE 14 – COMPLAINTS PROCEDURE

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a consumer must first turn to the trader. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is found, the consumer has the option of submitting their complaint to the Disputes Committee via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at their discretion, either replace or repair the delivered products free of charge.

 

ARTICLE 15 – DISPUTES

Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by US law. This also applies if the consumer resides abroad.

ARTICLE 16 – ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.