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 is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract related to a series of products and/or services, where the delivery and/or receipt obligation is spread over time;
Durable data carrier: any medium that enables the consumer or entrepreneur to store information that is personally addressed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.
Right of withdrawal: the ability 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 at a distance to consumers;
Distance contract: a contract where, within the framework of a system for distance sales of products and/or services organized by the entrepreneur, only one or more distance communication techniques are used up until the conclusion of the contract;
Distance communication technique: a method that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.
General Terms and Conditions: the 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 14 days without giving any reason.
During the cooling-off period, the consumer must handle the product and its packaging with care.
If the consumer exercises their right of withdrawal, they must return the product with all accompanying items and, if possible, in its original condition, in accordance with reasonable instructions from the entrepreneur.

Article 3 - Applicability
These general terms and conditions apply to any offer from the entrepreneur and to any distance contract and orders between the entrepreneur and the consumer.
Before concluding the distance contract, 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer as soon as possible, free of charge, upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be provided electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge, either electronically or in another way, upon the consumer's request.
In cases where, in addition to these general terms and conditions, specific product or service terms and conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer may always rely on the 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 at any time wholly or partially null and void or annulled, the contract and these terms and conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement as soon as possible by a provision that closely matches the original intent.
Situations not covered by these general terms and conditions should 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 and conditions should 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 subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow 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 lead to claims for compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products.
The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.
Each offer contains sufficient information for the consumer to clearly understand what rights and obligations are associated with accepting the offer.
This includes, in particular:

  • any shipping costs;
  • the way in which the contract will be concluded and the actions required for that;
  • whether the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period within which the offer must be accepted, or the period within which the entrepreneur guarantees the price;
  • the rate for communication by distance if the costs of using the communication technique are calculated on a basis other than the regular basic rate for the communication method used;
  • whether the contract will be archived after conclusion, and if so, how the consumer can consult it;
  • how the consumer can check and, if necessary, 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 is subject and how the consumer can consult these codes of conduct electronically;
  • 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 in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer without delay by electronic means.
Until the entrepreneur has confirmed the receipt of this acceptance, the consumer can cancel 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 safe web environment.
If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
The entrepreneur can, within legal limits, verify whether the consumer can meet their payment obligations, as well as check any facts and factors relevant to responsibly entering into the distance contract.
If, based on this inquiry, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or application with justification or impose special conditions on the execution.
The entrepreneur will send the following information to the consumer with the product or service, either in writing or in such a way that it can be easily stored by the consumer on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information about warranties and existing after-purchase services;
d. the information included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided these details to the consumer before the contract was concluded;
e. the requirements for termination of the contract if the contract lasts longer than one year or is for an indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal
For the purchase of products, the consumer has the possibility to cancel the contract within 14 days without giving any reason.
This cooling-off period starts on the day after the consumer receives the product or a representative appointed by the consumer, and known to the entrepreneur, receives it.
During the cooling-off period, the consumer must handle the product and its packaging carefully.
They should only unpack or use the product to the extent necessary to assess whether they wish to keep it.
If they use their right of withdrawal, they should return the product with all accompanying items and, if reasonably possible, in its 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 their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product.
Notification should be made via a written message/email.
Once the consumer has communicated their wish to use the right of withdrawal, they must return the product within 14 days.
The consumer must prove that the goods have been returned on time, for example, by means of proof of shipment.
If the consumer does not notify the entrepreneur within the aforementioned terms or does not return the product, the purchase becomes final.

Article 7 - Costs in case of Withdrawal
If the consumer uses their right of withdrawal, the cost of returning the products is for the consumer's account.
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.
This is provided that the product has already been returned to the online store or conclusive proof of complete return has been provided.

Article 8 - Exclusion of 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, or at least in a timely manner before the contract is concluded. The right of withdrawal can only be excluded for products:
a. that have been created by the entrepreneur according to the consumer's specifications;
b. that are clearly personal in nature;
c. that, by their nature, cannot be returned;
d. that can spoil or age quickly;
e. whose price is linked to fluctuations on the financial market that the entrepreneur cannot influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal;
h. for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transportation, catering, or leisure activities to be performed on a specific date or within a certain period;
b. where delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
c. related to betting and lotteries.

Article 9 - The Price
During the validity period specified in the offer, the prices of the offered products and/or services will not increase, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations on the financial market and that the entrepreneur cannot influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative, will be stated in the offer.
Price increases within 3 months after the contract is concluded are only permitted if they result from legal regulations or provisions.
Price increases after 3 months from the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:
a. they result from legal regulations or provisions; or
b. the consumer has the right to terminate the contract as of the day the price increase takes effect.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In the case of printing and typographical 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, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the time the contract is concluded.
If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims they can assert under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery.
The return of products must be made 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 and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
  • The delivered products have been exposed to abnormal conditions or have been treated carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
  • The defect is entirely or partially due to government regulations concerning the nature or quality of the materials used.

Article 11 - Delivery and Performance
The entrepreneur will exercise the greatest possible care in accepting and performing orders for products.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders as quickly as possible, 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 can only be partially fulfilled, the consumer will be informed within 30 days after placing the order. In that case, the consumer has the right to terminate the contract without costs and is entitled to any compensation.
In case of cancellation under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will make efforts to make a substitute item available.
At the latest at the time of delivery, it will be clearly and understandably stated that a substitute item is being delivered.
For substitute items, the right of withdrawal cannot be excluded.
The costs of any return shipment are 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 previously designated and known representative of the consumer, unless otherwise agreed.

Article 12 - Duration Transactions: Termination and Extension
Termination:
The consumer can terminate an agreement that is concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, subject to any agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that is concluded for a fixed term and that involves the regular delivery of products (including electricity) or services at any time, subject to any agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or within a certain period; they may terminate in the same manner as the agreement was made; they may always terminate with the same notice period as the entrepreneur has agreed for themselves. Extension: An agreement concluded for a fixed term and involving the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.
In deviation from the previous paragraph, an agreement concluded for a fixed term and involving the regular delivery of daily newspapers, news periodicals, and magazines may be automatically extended for a fixed term of up to three months, provided the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement concluded for a fixed term and involving the regular delivery of products or services may only be extended for an indefinite period if the consumer may terminate it 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 agreement involves the regular delivery of daily newspapers, news periodicals, and magazines less than once a month.
An agreement for a limited duration to provide daily newspapers, news periodicals, and magazines on a trial or introductory basis (trial or introductory subscription) does not continue automatically and ends after the trial or introductory period ends. Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed duration.

Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the cooling-off period as mentioned in Article 6(1).
In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in provided or mentioned payment details to the entrepreneur without delay.
In the case of non-payment by the consumer, the entrepreneur has, subject to legal limitations, the right to charge reasonable costs that were previously made known to the consumer.

Article 14 - Complaints Procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be responded to within 14 days of receipt.
If a complaint requires a longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved through mutual agreement, it will become a dispute subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur has indicated otherwise in writing.
If a complaint is found to be justified, the entrepreneur will, at their choice, replace or repair the delivered products free of charge.

Article 15 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
This also applies if the consumer resides abroad

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