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 can exercise their right of withdrawal.
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.
Day: Calendar day.
Long-term transaction: A distance contract relating to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over time.
Durable data carrier: 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.
Right of withdrawal: The option 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 an organized system for distance selling of products and/or services, whereby exclusively one or more means of distance communication are used up to and including the conclusion of the contract.
Means of distance communication: A method that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
General Terms and Conditions: These present 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 handle the product and packaging with care.
If the consumer exercises the right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between entrepreneur and 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, it will be indicated before the contract is concluded where the terms can be inspected and that they will be sent free of charge upon request.
If the contract is concluded electronically, the terms may be provided electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms, the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
If one or more provisions of these terms are at any time wholly or partially void or annulled, the remaining provisions shall remain in force, and the invalid provision shall be replaced by a provision that approximates the original intent as closely as possible.
Situations not covered by these terms must be assessed “in the spirit” of these general terms and conditions. Uncertainties regarding interpretation must also be explained in the same manner.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated. The offer is non-binding. The entrepreneur is entitled to modify 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 proper assessment by the consumer.
Images used are 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 be grounds for compensation or termination of the agreement.
Product images are a faithful representation of the products offered. However, the entrepreneur cannot guarantee that displayed colors exactly match actual product colors.
Each offer includes such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, including:
- Any shipping costs
- How the agreement will be concluded and required steps
- Whether the right of withdrawal applies
- Payment, delivery, and performance methods
- Acceptance period or price validity period
- Distance communication costs (if applicable)
- Whether the agreement will be archived and how it can be accessed
- How the consumer can check and correct provided data before concluding the agreement
- Languages in which the agreement may be concluded
- Codes of conduct the entrepreneur adheres to and how they can be accessed
- Minimum duration of long-term transactions
- Optional: available sizes, colors, and materials
Article 5 – The Agreement
The agreement is concluded when the consumer accepts the offer and meets the associated conditions, subject to paragraph 4.
If accepted electronically, the entrepreneur confirms receipt immediately. Until confirmation is received, the consumer may terminate the agreement.
If concluded electronically, the entrepreneur ensures appropriate security measures for data transfer and payment safety.
The entrepreneur may verify whether the consumer can meet payment obligations and may refuse orders or attach conditions if necessary.
The entrepreneur will provide the following information with the product or service:
- Business address for complaints
- Conditions and procedure for exercising the right of withdrawal
- Warranty and after-sales service information
- Information listed in Article 4
- Termination requirements for agreements longer than one year
For long-term transactions, this applies only to the first delivery. All agreements are subject to sufficient product availability.
Article 6 – Right of Withdrawal
For product purchases, the consumer may withdraw from the agreement within 30 days without giving reasons.
The cooling-off period starts the day after receipt of the product.
The consumer must handle the product and packaging with care and only unpack/use it to assess whether they wish to keep it.
If exercising the right of withdrawal, the consumer must return the product with all accessories and, if possible, in original condition and packaging.
The consumer must notify the entrepreneur within 30 days via written notice or email.
After notification, the consumer must return the product within 30 days and must prove timely return shipment.
If the consumer fails to notify or return the product within the stated period, the purchase is final.
Article 7 – Costs in Case of Withdrawal
Return shipping costs are borne by the consumer.
Refunds will be made as soon as possible, but no later than 30 days after withdrawal, provided the product has been received or proof of return is provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for specific products, provided this is clearly stated in the offer.
Exclusion applies to products:
- Made to consumer specifications
- Clearly personalized
- That cannot be returned due to their nature
- That spoil or age quickly
- Subject to financial market fluctuations
- Newspapers and magazines individually
- Sealed audio/video/software products whose seal is broken
- Sealed hygiene products whose seal is broken
Article 9 – Price
Prices remain unchanged during the validity period except for VAT changes.
Variable pricing may apply for products subject to market fluctuations.
Price increases within three months are only allowed due to legal regulations.
After three months, increases are allowed if agreed and the consumer may terminate the contract.
Obvious pricing or printing errors are not binding.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products/services comply with the agreement, specifications, legal requirements, and usability standards.
Manufacturer warranties do not affect legal consumer rights.
Defects must be reported within 30 days. Returns must be in original packaging and condition.
Warranty equals manufacturer warranty. The entrepreneur is not responsible for suitability for specific consumer use.
Warranty does not apply if:
- Products are repaired or modified by the consumer or third parties
- Products are improperly used or mishandled
- Damage results from government regulations
Article 11 – Delivery and Execution
Orders are handled with care and delivered within 30 days unless otherwise agreed.
Delays or non-delivery entitle the consumer to cancel the agreement and receive a refund.
If replacement products are provided, the right of withdrawal still applies.
Risk of loss or damage passes to the consumer upon delivery.
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Consumers may terminate ongoing agreements at any time with up to one month’s notice.
Fixed-term agreements may be terminated at the end of their term with the same notice period.
Agreements may not be silently renewed for a fixed term, except for limited exceptions such as newspapers/magazines (up to 3 months).
Long-term agreements over one year may be terminated after one year with one month’s notice.
Article 13 – Payment
Payments must be made within 7 working days after the cooling-off period begins.
For services, the period starts upon confirmation of the agreement.
Consumers must report incorrect payment details immediately.
In case of non-payment, reasonable collection costs may be charged.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days of discovery.
Responses will be provided within 14 days.
If longer processing is needed, an acknowledgment and timeline will be provided.
Disputes arise if complaints cannot be resolved amicably.
Complaints do not suspend obligations unless stated otherwise.
If justified, the entrepreneur will replace or repair the product.
Article 15 – Disputes
Dutch law exclusively applies to all agreements between the entrepreneur and consumer, even if the consumer resides abroad.