Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: the period during 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;
Duration 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 carrier: any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that facilitates 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 whereby, as part of a system organized by the entrepreneur for distance sales of products and/or services, only one or more techniques for distance communication are used up to and including the conclusion of the contract;
Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.
General Terms and Conditions: these General Terms and Conditions 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 order concluded between the 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 distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer as soon as possible upon request, free of charge. If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier, deviating from the previous clause. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer at their request, either electronically or otherwise, free of charge. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third clauses apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions. If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the contract and these terms will remain in force for the remainder, and the relevant provision will be promptly replaced by a provision that closely resembles the intent of the original. Situations not governed by these general terms and conditions will be assessed 'according to the spirit' of these general terms and conditions. Ambiguities regarding the explanation or content of one or more provisions of our terms should be interpreted 'according to the spirit' of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur has the right to change and adapt the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the contract. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match the actual 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 particularly concerns: any shipping costs; how the contract will be formed and what actions are required for that; whether the right of withdrawal applies; the method of payment, delivery, and performance 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 means used; whether the contract will be archived after conclusion, and if so, how the consumer can consult this; how the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract; any other languages in which, besides Dutch, the contract can be concluded; the codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes electronically; and the minimum duration of the distance contract in the case of a duration 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 the fulfillment of the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for that purpose. The entrepreneur can inform themselves—within legal frameworks—whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the contract, they have the right to refuse a motivated order or application or to attach special conditions to the execution. The entrepreneur will send the consumer the following information, either in writing or in such a way that it can be stored in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal or a clear notification regarding the exclusion from the right of withdrawal;
c. information about guarantees and existing after-sales service;
d. the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is concluded under the suspensive condition of the sufficient availability of the relevant products.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated in advance by the consumer and known to the entrepreneur. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will 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 their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. This notification must be made by means of a written message/email. After the consumer has informed the entrepreneur of their wish to exercise the right of withdrawal, the consumer 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 consumer does not notify the entrepreneur of their wish to exercise their right of withdrawal or fails to return the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are the responsibility 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, provided that the product has already been received by the retailer or proof of complete return shipment can be provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer's right of withdrawal 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 a timely manner before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the specifications of the consumer;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil quickly or age;
e. whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal;
h. for hygienic products of which the consumer has broken the seal.

The exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transportation, catering, or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. for betting and lotteries.

Article 9 – The Price
During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and whose prices the entrepreneur has no influence on, at variable prices. This stipulation is limited to the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or stipulations. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. these are results from legal regulations or stipulations;
b. the consumer has the authority to terminate the contract on the day the price increase takes effect. All prices mentioned in the offer are inclusive of VAT.

Article 10 – Conformity and Warranty
The entrepreneur 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 provisions and/or government regulations that exist on the date of the conclusion of the contract. If the delivered product is not in accordance with the contract, the consumer is entitled to a replacement or repair of the product, or a refund of the purchase price.

Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders of products. The address provided by the consumer to the entrepreneur is considered the delivery address. With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without any costs. The entrepreneur will reimburse the consumer as soon as possible, but no later than 14 days after dissolution. 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 by the consumer.

Article 12 – Payment
The consumer must pay the amounts owed within the specified term. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right to charge the consumer reasonable costs.

Article 13 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this complaints procedure. Complaints about the implementation of the contract must be submitted to the entrepreneur within a reasonable time 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 is foreseeable to take longer, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.

Article 14 – Disputes
Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply. The consumer may submit disputes arising from this agreement to the Consumer Disputes Committee, if applicable, or through the regular courts.