Article 1 - Definitions
In these general terms and conditions, the following definitions are used:
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and distance order 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, before the distance contract is concluded, it will be indicated that the general terms and conditions at the business premises of the entrepreneur can be viewed and will be sent to the consumer without delay free of charge if so requested.
If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable data carrier before the distance contract is concluded. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
If, in addition to these general terms and conditions, special product or service conditions apply, the second and third paragraphs apply mutatis mutandis and in the event of a conflict between the general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or void, the Agreement and these General Terms and Conditions will remain in force and the relevant provision will be replaced immediately by mutual agreement by a provision that comes closest to the purpose of the original.
Situations not foreseen in these General Terms and Conditions must be assessed ‘in the spirit’ of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions must 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 subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. 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 allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these represent the products and/or services offered truthfully. Obvious or blatant errors in the offer are not binding on the entrepreneur.
All images, specifications and data contained in the offer are indicative and cannot constitute grounds for compensation or termination of the contract.
The product images are a true representation of the products offered. The operator cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains information that allows the consumer to know the rights and obligations associated with accepting the offer. This concerns in particular
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract shall come into effect if the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may terminate the contract.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the law, verify whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he has the right to refuse an order or request or to impose special conditions on the execution, stating the reasons.
The entrepreneur will provide the consumer, in writing or in such a way that it can be stored by the consumer on a durable medium, the following information:
Each contract is concluded subject to the condition precedent of sufficient availability of the products in question.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of cancelling the contract without giving reasons within a period of 30 days. This cooling-off period begins on the day after the consumer or his/her designated representative receives the product.
During the cooling-off period, the consumer shall treat the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to decide whether to keep the product. If the consumer exercises his right of withdrawal, he shall return the product with all delivered accessories and, as far as reasonably possible, in its original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receipt of the goods. This must be done in writing or by email. After declaring the exercise of the right of withdrawal, the consumer must return the goods within 30 days. The consumer must provide proof that the goods have been returned within the deadline, for example by means of a dispatch confirmation.
If the consumer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur within the time limits specified in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, they shall bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will refund this as soon as possible, but no later than within 30 days of withdrawal. This is on condition that the product has already been received by the entrepreneur or conclusive proof of complete return can be submitted.
Article 8 - Exclusion of right of withdrawal
The entrepreneur 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 entrepreneur has clearly stated this in the offer, or at least in good time prior to the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
The exclusion of the right of withdrawal is only possible for services:
Article 9 - Prices
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to financial market fluctuations beyond his control at variable prices. This link to fluctuations and the fact that the stated prices are indicative will be stated in the offer.
Price increases within 3 months after the contract was concluded are only permitted if they are the result of a law or regulation.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and the offer has been accepted:
Article 10 - Conformity and guarantee
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal and/or regulatory provisions existing on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
The guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defective or incorrectly delivered product must be reported to the entrepreneur in writing within 30 days of delivery. The return of products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is in no way liable for the ultimate suitability of the products for an individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if
Article 11 - Delivery and execution
The entrepreneur will take every effort to take and execute product orders with the utmost care.
In accordance with Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously and in any case within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the contract free of charge and is entitled to compensation.
In case of withdrawal in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer immediately and in any case no later than 30 days after withdrawal.
If delivery of an ordered product is not possible, the entrepreneur will endeavour to deliver a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment will be borne by the entrepreneur.
Unless otherwise expressly agreed, the entrepreneur bears the risk of damage and/or loss of the products until the time of delivery to the consumer or a pre-designated and the entrepreneur notified representative.
Article 12 – Duration of transactions: Duration, termination and renewal
Termination
The consumer may terminate a contract with an indefinite duration period for the regular supply of products (including electricity) or services with a period of notice that does not exceed one month and in accordance with the agreed termination rules.
The consumer may terminate a contract with a fixed term for the regular delivery of goods (including electricity) or services at any time by the end of the agreed term, with due observance of the agreed termination rules and a notice period of no more than one month.
Consumers may contracts as referred to in the previous paragraphs
Extension
A fixed-term contract for the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, a contract with a fixed term for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, provided that the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.
A contract for a definite period for the regular delivery of goods 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 no more than one month, and with a notice period of no more than three months if the contract concerns the regular, but not monthly, delivery of newspapers and magazines.
A fixed-term contract for the delivery of daily or weekly introductory newspapers or magazines (trial or introductory newspapers or magazines) is not tacitly renewed and automatically ends at the end of the trial or introductory period.
Duration of the contract
If a contract lasts for 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 preclude termination before the end of the agreed term.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, within the limits of the law, to charge the consumer reasonable costs that have been communicated in advance.
Article 14 - Complaints procedure
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days, with a complete and clear description, 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 longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of the date on which the consumer can expect a more detailed reply.
If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur decides otherwise in writing.
If the complaint is deemed justified by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge, at the entrepreneur's discretion.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these terms and conditions apply are subject only to Dutch law, even if the consumer lives abroad.
Article 16 – Specific rules for VAT and import costs
Article 17 – Legal provisions and compliance
