General Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Cooling-off period: The period within which the consumer may exercise his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuous transaction: 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 storage: Any means that enables the consumer or entrepreneur to store information addressed personally to him 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 distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
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 exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Technique for distance communication: Means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place.
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 within a cooling-off period of 30 days without giving reasons.
During the cooling-off period, the consumer shall handle the product and the packaging with care. If the consumer exercises his right of withdrawal, he shall return the product with all delivered accessories and, if possible, in the 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 orders concluded between entrepreneur and 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 indicated before the conclusion of the distance contract that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the conclusion of the distance contract, be made available electronically to the consumer in such a way that it can be easily stored by the consumer on durable data storage. If this is not reasonably possible, it shall be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to him.
If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the contract and these terms shall otherwise remain in force and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original provision as closely as possible.
Situations not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms must be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited validity period or is made subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a truthful representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
– The possible costs of shipping.
– The manner in which the contract will be concluded and which 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 level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used.
– Whether the contract will be archived after its conclusion and, if so, in what way it can be consulted by the consumer.
– The way in which the consumer, before concluding the contract, can check the data provided by him and, if necessary, correct it.
– The possible other languages in which, in addition to Dutch, the contract may be concluded.
– The codes of conduct to which the entrepreneur has submitted himself and the way in which the consumer can consult these codes of conduct electronically.
– The minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Contract
The contract 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 set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic data transfer and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may – within the legal frameworks – verify whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall provide the consumer with the following information in writing, or in such a way that it can be stored by the consumer in an accessible manner on durable data storage, together with the product or service:
– The visiting address of the entrepreneur’s business where the consumer can lodge complaints.
– The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal.
– Information about warranties and existing after-sales service.
– The data referred to in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer prior to execution of the contract.
– The requirements for cancellation of the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Each contract is entered into under the suspensive condition of sufficient availability of the relevant products.
(Articles 6 through 15 continue below in the same exact legal translation style.)
Article 6 – Right of Withdrawal
Upon purchase of products, the consumer has the possibility to dissolve the contract without giving reasons within 30 days. This cooling-off period commences 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 entrepreneur.
During the cooling-off period, the consumer shall handle the product and 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 delivered accessories 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.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 30 days after receipt of the product. The notification must be made by means of a written notice or email.
After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 30 days. The consumer must be able to prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the consumer has not indicated within the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal and/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 shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
– That have been created by the entrepreneur in accordance with the consumer’s specifications.
– That are clearly personal in nature.
– That by their nature cannot be returned.
– That can spoil or age quickly.
– Whose price depends on fluctuations in the financial market over which the entrepreneur has no influence.
– For single newspapers and magazines.
– For audio and video recordings and computer software of which the consumer has broken the seal.
– For hygienic products of which the consumer has broken the seal.
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 as a result of changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
Price increases within three months after conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
– They are the result of statutory regulations or provisions; or
– The consumer has the authority to terminate the contract as of the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of such 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 contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date of conclusion of the contract.
If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. Return of the products must take place 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 or modified the delivered products himself or had them repaired or modified by third parties.
– The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or the packaging.
– The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest upon delivery, it shall be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be 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 representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Continuous Transactions: Duration, Termination and Extension
Termination
The consumer may terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous 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 the entrepreneur has stipulated for himself.
Extension
A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
In deviation from the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, provided that the consumer may terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate 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 extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract of limited duration which extends to the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after 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 prevent termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after commencement of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.
The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has, subject to statutory limitations, the right to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has identified the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall 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 by mutual agreement, a dispute arises that is subject to dispute resolution.
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 shall, at her discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. This also applies if the consumer resides abroad.