Article 1 - Definitions
In these conditions the following terms have the following meanings:
Reflection period: the period within which the consumer can exercise his 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 ;
Duration transaction: a distance contract with regard to a range of products and / or services, the delivery and / or purchase obligation of which is spread over time
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period
Entrepreneur: the natural or legal person who offers products and / or services to consumers remotely
Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used for entering into an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 can be viewed by the entrepreneur and that they will be sent free of charge at the request of the consumer.
If the distance contract is concluded electronically, may not deviate from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions are made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
If one or more provisions in these general terms and conditions are at any time wholly or partly void or destroyed, the agreement and these conditions will then continue to be maintained for the rest and the provision in question will be replaced by mutual agreement without delay by a provision that approximates the scope of the original as much as possible.
Situations not regulated in these terms and conditions should be judged "in the spirit" of these terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained "in the spirit" of these terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change 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, they are a truthful representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Pictures of products are a truthful representation of the products offered. Entrepreneur cannot guarantee that the colors shown exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer. This concerns in particular:
the price including taxes ;
any shipping costs
the manner in which the agreement will be concluded and the actions required for it
whether or not the right of withdrawal applies
the method of payment, delivery and execution of the agreement;
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 means of communication used;
whether the contract is archived after its conclusion, and if so how it can be consulted by the consumer
how the consumer, before concluding the contract, can check and, if desired, recover the data provided by him under the contract
any other languages in which, in addition to Dutch, the agreement can be concluded
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a life transaction.
Optional: available sizes, colors, type of materials.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and fulfillment of the conditions set thereby.
If the consumer has accepted the offer electronically, the entrepreneur will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those 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 grounds for not entering into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
The entrepreneur will send the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints ;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
information about warranties and existing after-sales service ;
the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement ;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the event of a life transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 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 announced to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied 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.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. The consumer must make the statement known by means of a written message / e-mail. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to make use of his right of withdrawal resp. the product has not been returned 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 are for the account of the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the webshop or conclusive proof of complete return can be submitted.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for 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, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products :
which have been established by the entrepreneur in accordance with consumer specifications
which are clearly personal in nature ;
which by their nature cannot be returned .
that can spoil or age quickly .
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence
for individual newspapers and magazines ;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services :
concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a certain period
whose delivery started with the express consent of the consumer before the reflection period has expired
on bets and lotteries.
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes as a result of changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This commitment to fluctuations and the fact that any prices mentioned are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the power to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Special additional customs clearance costs and / or import duties are not included in the price and are for the account of the customer
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee 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 agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be made in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 and / or processed the delivered products himself or has them repaired and / or processed by third parties
The products supplied are exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging
The inadequacy is wholly or partly the result of regulations that the government has or will impose with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive a message no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and to be entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
Article 12 - Duration transactions: duration, cancellation and extension
The consumer can cancel an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
The consumer can enter into a fixed-term contract that extends to the regular delivery of products (including electricity) or services, cancel at any time towards the end of the fixed duration, subject to agreed cancellation rules and a notice period of no more than one month.
The consumer may enter into the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific period
at least cancel in the same way as they have been entered into by him
always cancel with the same notice period as the entrepreneur has stipulated for himself.
A fixed-term contract that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
By way of derogation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a certain period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of up to one month and a notice period of up to three months in case the agreement extends to the arranged, but less than once a month, delivery of day-, news and weekly magazines and magazines.
An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time with a notice period of up to one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start 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 has the obligation to report inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right to charge the reasonable costs previously disclosed to the consumer, subject to legal restrictions.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, 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 foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a receipt message and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at her choice, replace or repair the delivered products free of charge.
All items should only be used for people above the age of 18 years old. Kids should not hold or come close to any items.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer lives abroad.