Article 1
Definitions In these terms and conditions, the following definitions shall apply: Withdrawal period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who is not acting in the exercise of a profession or business 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, of which the delivery and/or purchase obligation
is spread over time; Durable data carrier: any means that enables the consumer or
entrepreneur to enable information that is addressed to him personally, to be stored
stored in a way that allows future consultation and unaltered reproduction of
the stored information. Right of withdrawal: the possibility for the
consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services at
remote agreement: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for means of distance communication; Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur have 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 of the entrepreneur and to every distance contract concluded
and orders between trader and consumer. Before the remote agreement
distance is concluded, the text of these general terms and conditions is made available to the consumer available. If this is not reasonably possible, before
the distance contract is concluded, it will be indicated that the general
conditions can be inspected at the entrepreneur's premises and, at the consumer's request, they will be will be sent free of charge as soon as possible. If the agreement on distance is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions be made available to the consumer by electronic means in
such a way that it can be easily stored by the consumer on a sustainable
stored on a durable data carrier. If this is not reasonably possible
prior to the conclusion of the distance contract, it will be indicated
where the general terms and conditions can be inspected electronically and
taken note of and that at the consumer's request they will be sent electronically or
otherwise will be sent free of charge. In case in addition to
these general terms and conditions also specific product or service conditions
apply, the second and third paragraphs shall apply mutatis mutandis and
In the event of conflicting general terms and conditions, the consumer may always
rely on the applicable provision which is most favourable to him. If
one or more provisions in these general terms and conditions are at any time wholly
null and void or destroyed at any time, the agreement and these
conditions shall otherwise remain in force and the provision in question shall immediately be replaced by a new provision in mutual consultation.
replaced without delay by a provision that approaches the purport of the original provision as closely as possible. original provision as closely as possible. Situations not covered by these general should be assessed ‘in the spirit’ of these general terms and conditions. general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions are to 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 made subject to conditions, this shall be expressly stated in the offer. The
offer is without obligation. The entrepreneur is entitled to change and adapt the offer. adjustments. The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficiently detailed
to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. not binding. All images, specifications and data in the offer are indicative and cannot not be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the products offered.
products offered. Entrepreneur cannot guarantee that the displayed
correspond exactly to the real colours of the products. Each offer
contains such information that it is clear to the consumer what the rights and
obligations, which are attached to the acceptance of the offer. This
concerns in particular: any shipping costs; the way in which the
agreement will be concluded and which actions are necessary for this; whether or not the applicability or not of the right of withdrawal; the method of payment
delivery and performance of the agreement; the period for accepting the offer, or the period within which offer, or the period within which the entrepreneur guarantees the price; the hoogte van het tarief voor communicatie op afstand indien de kosten van het gebruik van de techniek voor communicatie op afstand worden berekend op een andere grondslag dan het reguliere basistarief voor het gebruikte communicatiemiddel; of de overeenkomst na de totstandkoming wordt gearchiveerd, en zo ja op welke wijze deze voor de consument te raadplegen is; de manier waarop de consument, voor het sluiten van de overeenkomst, de door hem in het kader van de overeenkomst verstrekte gegevens kan controleren en indien gewenst herstellen; de eventuele andere talen waarin, naast het Nederlands, de overeenkomst kan worden gesloten; de gedragscodes waaraan de ondernemer zich heeft onderworpen en de wijze waarop de consument deze gedragscodes langs elektronische weg kan raadplegen; en de minimale duur van de overeenkomst op afstand in geval van een duurtransactie. Optioneel: beschikbare maten, kleuren, soort materialen.
Article 5
The agreement The agreement, subject to the
paragraph 4, is concluded at the moment the consumer accepts the offer and
the offer and the fulfilment of the conditions thereby stipulated. If the
consumer has accepted the offer electronically, the
entrepreneur shall immediately acknowledge receipt of the acceptance of the offer electronically. of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur has confirmed, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer is able to
can pay, the entrepreneur will observe appropriate security measures.
take. The entrepreneur can - within legal frameworks - inform himself whether
the consumer can meet his payment obligations, as well as of all those facts and
and factors that are important for a responsible conclusion of the remote agreement. at a distance. If the entrepreneur has good grounds on the basis of this investigation not to enter into the agreement, he is entitled to refuse an order
or application or to attach special conditions to the implementation.
With the product or service, the entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be
accessible way can be stored on a durable data carrier,
a. the visiting address of the trader's office where the consumer can lodge complaints consumer can go to with complaints; b. the conditions under which and the way how the consumer can make use of the right of withdrawal, or a
clear notification regarding the exclusion of the right of withdrawal; c. the
information on guarantees and existing after-sales service; d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided to the consumer before the implementation of the agreement; e. the requirements for terminating the agreement if the agreement has a duration
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 only applies to the first levering. Iedere overeenkomst wordt aangegaan onder de opschortende voorwaarden van voldoende beschikbaarheid van de betreffende producten.
Artikel 6
Herroepingsrecht Bij de aankoop van producten heeft de consument de mogelijkheid de overeenkomst zonder opgave van redenen te ontbinden gedurende 14 dagen. Deze bedenktermijn gaat in op de dag na ontvangst van het product door de consument of een vooraf door de consument aangewezen en aan de ondernemer bekend gemaakte vertegenwoordiger. Tijdens de bedenktijd zal de consument zorgvuldig omgaan met het product en de verpakking. Hij zal het product slechts in die mate uitpakken of gebruiken voor zover dat nodig is om te kunnen beoordelen of hij het product wenst te behouden. Indien hij van zijn herroepingsrecht gebruik maakt, zal hij het product met alle geleverde toebehoren en – indien redelijkerwijze mogelijk – in de originele staat en verpakking aan de ondernemer retourneren, conform de door de ondernemer verstrekte redelijke en duidelijke instructies. Wanneer de consument gebruik wenst te maken van zijn herroepingsrecht is hij verplicht dit binnen 14 dagen, na ontvangst van het product, kenbaar te maken aan de ondernemer. Het kenbaar maken dient de consument te doen middels een geschreven bericht/ e-mail. Nadat de consument kenbaar heeft gemaakt gebruik te willen maken van zijn herroepingsrecht dient de klant het product binnen 14 dagen retour te sturen. De consument dient te bewijzen dat de geleverde zaken tijdig zijn teruggestuurd, bijvoorbeeld door middel van een bewijs van verzending. Indien de klant na afloop van de in lid 2 en 3 genoemde termijnen niet kenbaar heeft gemaakt gebruik te willen maken van zijn herroepingsrecht resp. het product niet aan de ondernemer heeft teruggezonden, is de koop een feit.
Article 7 Costs in case of withdrawal If the consumer makes use of
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 at the latest within 14 days after after the withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return
can be provided.
Article 8 Exclusion of right of withdrawal The trader can exclude the consumer's right of withdrawal for 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 clearly in the offer, at least in good time before concluding the contract. Exclusion of the right of withdrawal is only possible for products: a. that were created by the entrepreneur in accordance with the consumer's specifications
consumer; b. that are clearly personal in nature; c. that cannot be returned
can be returned; d. that spoil or age quickly; e.
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence; f. the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal
seal has been broken. h. for hygienic products of which the consumer has
has broken the seal. Exclusion of the right of withdrawal is only
possible for services: a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period
period; b. the delivery of which has started with the express consent of the consumer started before the cooling-off period has expired; c. concerning bets and
lotteries.
Article 9 The price During the validity period mentioned in the offer
the prices of the offered products and/or services are not increased, except for
price changes due to changes in VAT rates. Contrary to the
previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. control, with variable prices. This link to
fluctuations and the fact that any prices mentioned are target prices shall be
mentioned with 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 allowed if the entrepreneur has stipulated it and
and: a. these are the result of legal regulations or stipulations; or b. the
consumer has the authority to cancel the contract as of the
day on which the price increase takes effect. All prices are subject to printing
and misprints. No liability is accepted for the consequences of printing and typing errors. liability accepted. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10
Conformity and GuaranteeThe entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the
specifications, to the reasonable requirements of soundness and/or usability and the existing the date of the conclusion of the agreement existing legal
provisions 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 trader, manufacturer or importer does
not affect the legal rights and claims that the consumer under the
agreement towards the entrepreneur. Any defects or
incorrectly delivered products should be reported to the
entrepreneur in writing. Return of the products must
be in the original packaging and in new condition. The
guarantee period of the entrepreneur corresponds to the factory guarantee period. The entrepreneur is never responsible for the final suitability of the products for each of the products for each individual application by the consumer, nor for any
any advice regarding the use or application of the products.
The guarantee does not apply if: The consumer himself has
repaired and/or modified or had them repaired and/or modified by third parties; The
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the instructions of the
entrepreneur and/or on the packaging; The inadequacy is entirely or partially
partially the result of regulations which the government has set or will set
the nature or quality of the materials used.
Article 11
Delivery and Execution The entrepreneur will exercise the utmost care in receiving and executing orders for products. Taking into account what is mentioned in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation for damages. In the event of dissolution as per the previous paragraph, the entrepreneur will refund the amount paid by the consumer 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 make an effort to provide a replacement item. At the time of delivery, it will be clearly and understandably communicated that a replacement item will be provided. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be 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 representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 12
Duration Transactions: Duration, Cancellation, and ExtensionCancellation: The consumer can cancel an agreement that is concluded for an indefinite period and involves the regular delivery of products (including electricity) or services at any time, observing the agreed-upon cancellation rules and a maximum notice period of one month. The consumer can also cancel an agreement that is concluded for a definite period and involves the regular delivery of products (including electricity) or services at any time before the end of the fixed term, observing the agreed-upon cancellation rules and a maximum notice period of one month. The consumer can cancel the agreements mentioned in the previous paragraphs at any time and is not limited to cancellation at a specific time or within a particular period; at least cancel in the same way they were entered into; and always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Extension: An agreement concluded for a fixed term and involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term. However, an agreement for a fixed term and involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months if the consumer can cancel the extended agreement before the end of the extension with a notice period of no more than one month. An agreement for a fixed term and involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a maximum notice period of three months in the case of an agreement for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited term for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the purchase of the trial or introductory period.
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 the reasonableness and fairness oppose termination before the end of the agreed term.
Article 13
Payment Unless agreed otherwise, amounts due from the consumer must be paid within 7 days after the end of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer has the duty to promptly report inaccuracies in provided or listed payment details to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur, subject to legal limitations, has the right to charge reasonable costs communicated to the consumer in advance.
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 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the disputes procedure. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, they will, at their discretion, either 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 pertain, even if the consumer resides abroad.