Terms and Conditions

 

Article 1 – Definitions

 


In these terms and conditions, the following terms shall have the following meanings:

 

  • Reflection period: the period within which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;

  • Day: calendar day;

  • Continuous transaction: a distance contract relating to a series of products and/or services, of which the supply 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 possibility for the consumer to cancel the distance contract within the reflection period;

  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: a contract concluded in the framework of an organized system for distance selling of products and/or services, where up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;

  • Means of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time;

  • Terms and Conditions: these 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 and order concluded between the entrepreneur and the consumer.


Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be stated that the terms can be viewed at the entrepreneur’s premises and will be sent free of charge upon request.


If the distance contract is concluded electronically, these terms will be provided in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the location and method of electronic access will be provided.


If specific product or service conditions also apply, the most favorable terms for the consumer will take precedence in case of conflicting clauses.


If any provision of these terms is found to be void or annulled, the remaining terms stay in force and the invalid clause will be replaced with a legally valid equivalent.


Situations not covered by these terms or unclear interpretations must be assessed “in the spirit” of these conditions.

 

 

 

Article 4 – The Offer

 


If an offer is valid for a limited time or under conditions, this will be clearly stated.


Offers are non-binding and may be changed by the entrepreneur at any time.


All offers contain a full and accurate description of the product or service to enable proper assessment by the consumer. Images used are a truthful representation. Obvious errors are not binding.


All visual content is indicative and may not be grounds for claims or cancellation. Color deviations may occur.


Each offer specifies, clearly and in advance:

 

  • Any shipping costs;

  • How the agreement is concluded;

  • Whether the right of withdrawal applies;

  • Payment, delivery, and execution terms;

  • Validity period or price guarantee duration;

  • Additional communication costs if applicable;

  • Whether the contract is archived and accessible;

  • How the consumer can check and amend input data;

  • Available contract languages;

  • Applicable codes of conduct;

  • Minimum contract duration for continuous agreements;

  • And optionally: available sizes, colors, and materials.

 


All orders are Delivered Duty Paid (DDP): the supplier prepays import duties and VAT, so the consumer receives goods without additional fees.

 

 

 

Article 5 – The Agreement

 


The contract is concluded once the consumer accepts the offer and complies with the stated conditions.


If accepted electronically, the entrepreneur will confirm receipt immediately. Until confirmed, the consumer may cancel.


If concluded electronically, the entrepreneur ensures secure data transmission and a safe web environment. If electronic payment is used, appropriate security measures apply.


The entrepreneur may assess whether the consumer can meet payment obligations. Based on this, orders may be declined or subject to special conditions.


With the product or service, the entrepreneur provides:

 

  • Contact address for complaints;

  • Conditions and method of withdrawal or notice of exclusion;

  • Warranty and after-sales service details;

  • The information from Article 4(3), unless previously provided;

  • Cancellation terms for contracts longer than one year or of indefinite duration.

 

For ongoing agreements, this applies only to the first delivery.

All agreements are subject to product availability.

 

Article 6 – Right of Withdrawal


When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after the consumer, or a third party designated in advance by the consumer and who is not the carrier, has received the product.


During the reflection period, the consumer shall handle the product and its 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 shall return the product with all delivered accessories and—if reasonably possible—in the original condition and packaging, 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 receipt of the product via a written message or email. After this notification, the consumer must return the product within 14 days to the place of origin. The consumer must provide proof that the products have been returned on time, for example, by means of a proof of shipment.


If the consumer has not communicated their intention to use the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.


Article 7 – Costs in Case of Withdrawal


If the consumer exercises the right of withdrawal, the return costs shall be borne by the consumer.


If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received back by the entrepreneur or conclusive proof of the return has been provided.


Article 8 – Exclusion of Right of Withdrawal


The entrepreneur may 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 time before the conclusion of the contract.


Exclusion of the right of withdrawal is only possible for products:

 

  • that have been created by the entrepreneur according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that cannot be returned due to their nature;

  • that can spoil or age quickly;

  • whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;

  • for single newspapers and magazines;

  • for audio and video recordings and computer software of which the consumer has broken the seal;

  • for hygienic products of which the seal has been broken by the consumer.

 


Exclusion of the right of withdrawal is only possible for services:

 

  • regarding accommodation, transportation, restaurant business, or leisure activities to be performed on a specific date or during a specific period;

  • which have begun with the express consent of the consumer before the reflection period has expired;

  • concerning betting and lotteries.

 


Article 9 – The Price


During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.


In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market and the entrepreneur has no influence on them. This link to fluctuations and the fact that any prices stated are target prices shall be mentioned in the offer.


Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.


Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

 

  • these are the result of legal regulations or provisions; or

  • the consumer has the right to terminate the contract as of the day the price increase takes effect.

 


The place of delivery is, according to Article 5 paragraph 1 of the Dutch VAT Act 1968, where transport begins. In this case, delivery takes place outside the EU. Therefore, all orders are delivered on the basis of Delivered Duty Paid (DDP). This means that any import duties and VAT are prepaid by the supplier. The customer receives the order without additional charges upon delivery.


All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of such 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 reliability and/or usability, and existing legal provisions and/or government regulations at the date of the contract’s conclusion. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.


A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the contract against the entrepreneur.


Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in the original packaging and in new condition.


The warranty period provided by the entrepreneur 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 modified the delivered products themselves or had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or in violation of the entrepreneur’s instructions and/or instructions on the packaging;

  • The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government concerning the nature or quality of the materials used.

 


Article 11 – Delivery and Execution


The entrepreneur shall exercise the greatest possible care in receiving and fulfilling product orders.


The delivery address is the address provided by the consumer to the company.


Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders promptly but at the latest within 30 days unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be carried out or only partially, the consumer shall be informed about this within 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.


In case of termination as described in the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.


If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to make a replacement item available. It shall be clearly and comprehensibly stated upon delivery that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The return shipping costs 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 pre-designated and known representative to the entrepreneur, unless expressly agreed otherwise.


Article 12 – Duration Transactions: Termination and Extension


Termination


The consumer may terminate an indefinite contract for the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.


The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the specified duration, with due observance of the 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 not be limited to termination at a specific time or during a specific period;

  • at least terminate them in the same way they were concluded;

  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

 


Extension


A fixed-term contract for the regular delivery of products or services may not be automatically extended or renewed for a fixed duration.


In deviation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed term of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.


A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite duration if the consumer may terminate 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 is for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.


A limited-duration contract for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically continued and ends automatically after the trial or introductory period.


Duration


If a contract lasts more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.


Article 13 – Payment


Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a service agreement, this term starts after the consumer has received confirmation of the agreement.


The consumer is obliged to report inaccuracies in provided or stated payment data to the entrepreneur without delay.


In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.


Article 14 – Complaints Procedure


Complaints about the performance of the contract 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 shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.


If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution 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, the entrepreneur shall, at their discretion, replace or repair the delivered products free of charge.


Article 15 – Disputes


Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.


Article 16 – CESOP


Due to the 2024 amendments and tightened measures under the ‘Amendment of the VAT Act 1968 (Implementation Act for Payment Service Providers Directive)’ and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.