General Conditions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cancellation period: the period during which the consumer may exercise his right of cancellation;
Consumer: a natural person who is not engaged in a commercial activity and who enters into a distance selling agreement with a trader;
Day: a calendar day;
Long-term transaction: a distance contract covering several products and/or services where the obligation to deliver and/or purchase is spread over time;
Durable medium: any medium which enables the consumer or the trader to store information addressed to him personally in such a way that the information stored can be viewed and reproduced unchanged at a later date.
Right of cancellation: The consumer's possibility to withdraw from a distance selling contract within a cancellation period;
Entrepreneur: a natural or legal person who supplies goods and/or services to consumers by means of a distance contract;
Distance contract: a contract which, within the framework of a system organised by the trader for the distance selling of goods and/or services, exclusively uses one or more means of distance communication up to and including the conclusion of the contract;
Remote communication technology means a means which can be used to conclude a contract without the consumer and the trader meeting in the same room at the same time.
General terms and conditions: the applicable general terms and conditions of the entrepreneur.



Article 3 - Applicability
These general terms and conditions apply to all offers from the trader and to all distance contracts and orders between the trader and the consumer.
These general terms and conditions shall be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the general terms and conditions shall be made available for consultation at the trader's premises before the conclusion of the distance contract and shall be sent to the consumer on request as soon as possible and free of charge.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and prior to the conclusion of the distance contract, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not possible, prior to the conclusion of the distance contract, information shall be provided on where the general terms and conditions can be consulted electronically, and the general terms and conditions shall be sent electronically or otherwise free of charge at the consumer's request.
Where specific product or service-specific terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of a conflict between the general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more of the provisions of these general terms and conditions are at any time wholly or partially invalid or cancelled, the agreement and these terms and conditions shall otherwise continue to apply, and the provision in question shall be replaced without delay by a provision that corresponds as closely as possible to the intention of the original provision by mutual agreement.
Situations not covered by these General Terms and Conditions shall be considered in accordance with the spirit of these General Terms and Conditions.
Any ambiguity as to the interpretation or content of one or more of the provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - Offers
If an offer is limited in time or subject to conditions, this shall be expressly stated in the offer.
The offer shall be without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these must be a true representation of the products and/or services offered. The trader is not bound by obvious errors or obvious omissions in the offer.
All illustrations, specifications and information in the offer are indicative and cannot provide a basis for compensation or cancellation of the contract.
The images of the products are a true representation of the products offered. The retailer cannot guarantee that the colours shown are exactly the same as the actual colours of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with acceptance of the offer. This applies in particular to the following points:
the price excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service uses the special provisions for postal and courier services when importing. This system applies when the goods are imported to a destination country in the EU, as in this case. The postal and/or courier service collects VAT (either together with or separately from the customs clearance fees) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and what actions it requires;
whether or not the right of cancellation applies;
the method of payment, delivery and fulfilment;
the deadline for acceptance of the offer or the deadline for the trader's price guarantee;
the level of the fee for distance communication, if the cost of using the distance communication technology is calculated on a basis other than the normal basic fee for the means of communication used;
whether the contract is archived after it has been concluded and, if so, how the consumer can access it;
how the consumer can check and, if necessary, correct the information provided under the contract before it is concluded;
the languages other than Dutch in which the agreement can be concluded;
the code of conduct followed by the trader and how the consumer can access this code electronically; and
the minimum duration of the distance contract if it is a long-term transaction.
Optional: available sizes, colours, type of material.

Article 5 - Agreement
Subject to the provisions of paragraph 4, the agreement comes into effect when the consumer accepts the offer and fulfils the terms and conditions contained therein.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the trader has not confirmed receipt of the acceptance, the consumer may cancel the contract.
If the contract is concluded electronically, the trader must take appropriate technical and organisational measures to protect the electronic data transfer and ensure a secure online environment. If the consumer can pay electronically, the trader must take appropriate security measures.
The trader may - within the limits of the law - determine whether the consumer is able to fulfil his payment obligations and all facts and factors relevant to the proper conclusion of a distance contract. If, on the basis of this analysis, the trader has a legitimate reason not to conclude the contract, he has the right to refuse the order or application or to attach specific conditions to its fulfilment, stating the reasons.
The trader shall include the following information with the product or service offered to the consumer, in writing or in such a way that the consumer can store it on an easily accessible durable medium
the address of the trader's office where the consumer can lodge a complaint;
the conditions under which and how the consumer can exercise his right of cancellation, or a clear indication that the right of cancellation is excluded
information on guarantees and after-sales services;
the information referred to in Article 4(3) of these terms and conditions, unless the trader has already provided the consumer with this information prior to the conclusion of the contract;
requirements for cancellation of the contract if the duration of the contract is more than one year or if the contract is open-ended.
In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
It is a prerequisite for each contract that there are sufficient quantities of the products in question.

Article 6 - Right of cancellation
When purchasing products, the consumer has the opportunity to withdraw from the agreement without giving any reason within 14 days. The right of cancellation starts the day after the consumer or a representative that the consumer has designated in advance and notified to the trader, has received the product.
During the cancellation period, the consumer must treat the product and packaging with care. The consumer shall only unpack the product or use it to the extent necessary to assess whether he wishes to keep it. If the consumer exercises the right of cancellation, he/she shall return the product to the trader with all accompanying accessories and, if reasonably possible, in its original condition and packaging, in accordance with the trader's reasonable and clear instructions.
If the consumer wishes to exercise the right of cancellation, he/she must notify the trader within 14 days of receiving the product. The consumer must inform the trader in writing/email. Once the consumer has informed the trader that he/she wishes to exercise the right of cancellation, he/she must return the goods within 14 days. The consumer must prove that the goods have been returned in time, for example by means of a receipt.
If the consumer has not expressed a wish to exercise the right of cancellation or has not returned the goods to the trader within the periods referred to in paragraphs 2 and 3, the purchase is de facto completed.

Article 7 - Costs of cancellation
If the consumer exercises the right of cancellation, the consumer shall bear the costs of returning the products.
If the consumer has paid a certain amount, the trader shall reimburse this amount as soon as possible, but no later than 14 days after the right of withdrawal has been exercised. The condition is that the trader has already taken back the product or that convincing evidence of a full refund can be provided.

Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer or at least in good time before the conclusion of the contract.
Exclusion of the right of cancellation is only possible for the following products
which are manufactured by the trader in accordance with the consumer's specifications;
which are of a clearly personal nature
which cannot be returned due to their nature;
are perishable or expire quickly;
whose price is subject to fluctuations in the financial markets over which the trader has no control;
individual newspapers and periodicals;
audio and video recordings and computer software if the seal has been broken by the consumer.
hygiene products where the seal has been broken by the consumer.
Exclusion of the right of cancellation is only possible for services.
for accommodation, transport, catering or leisure activities that must be delivered on a specific date or during a specific period;
if delivery has begun, with the consumer's express consent, before the expiry of the right of cancellation;
betting and lotteries.
Article 9 - Price
The prices of the goods and/or services offered during the period of validity of the offer shall not be increased, with the exception of price changes resulting from changes in the VAT rate.
By way of derogation from the previous paragraph, a trader may offer goods or services whose prices are subject to fluctuations in the financial markets over which the trader has no control, at variable prices. This connection with fluctuations and the fact that the prices quoted are target prices shall be stated in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they are justified by legal provisions or regulations.
Price increases 3 months after the conclusion of the contract are only permitted if the supplier has ordered them and:
they are due to statutory provisions or regulations; or
the consumer has the right to cancel the contract on the day the price increase takes effect.
According to section 5(1) of the 1968 Turnover Act, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the EU. The postal or courier service then charges the customer with import VAT or customs clearance fees. The retailer therefore does not charge VAT.
All prices may contain typographical errors. We disclaim any liability for the consequences of typographical and spelling errors. In the event of printing and typing errors, the trader is not obliged to deliver the product at the wrong price.

Article 10 - Compliance and warranty
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements for reliability and/or user-friendliness and the legal provisions and/or government regulations applicable on the date of the conclusion of the agreement. If agreed, the trader also warrants that the product is fit for other than normal use.
The guarantee given by the trader, manufacturer or importer does not affect any legal rights and claims that the consumer may have against the trader under the contract.
Faults or defects in the product must be reported in writing to the trader within 14 days of delivery. Returned products must be in their original packaging and in new condition.
The trader's warranty period is the same as the factory's warranty period. However, the trader is never responsible for the final suitability of the products for the consumer's individual use or for advice on the use or application of the products.
The warranty is not valid if:
The consumer has repaired and/or modified the delivered products himself or has had the repair and/or modification carried out by a third party;
the delivered products have been exposed to abnormal conditions or have otherwise been handled negligently or contrary to the instructions given by the contractor and/or the instructions on the packaging;
the defect is wholly or partly due to the introduction or future introduction by public authorities of regulations on the nature or quality of the materials used.

Article 11 - Delivery and enforcement
The Company shall exercise the utmost care in receiving and executing product orders.
The place of delivery is the address provided by the consumer to the company.
Subject to the conditions referred to in Article 4 of these General Terms and Conditions, the Company shall fulfil accepted orders with reasonable promptness, but not later than 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed or if the order cannot be executed or can only be partially executed, the consumer shall be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to cancel the agreement without costs and claim compensation.
If the agreement is cancelled in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
If it proves impossible to deliver the product ordered, the trader shall endeavour to deliver a replacement product. At the latest at the time of delivery, it must be clearly and unambiguously stated that the replacement product will be delivered. The right of cancellation cannot be excluded for replacement goods. The costs of any return shipment shall be borne by the trader.
The risk of damage to and/or loss of the goods remains with the trader until the goods have been handed over to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Durable transactions: duration, cancellation and renewal
Cancellation
The consumer may terminate an open-ended contract for the regular supply of goods (including electricity) or services at any time, subject to the agreed cancellation rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract for the regular supply of goods (including electricity) or services at any time at the end of the fixed-term period, subject to the agreed cancellation rules and with a maximum notice period of one month.
Consumers may terminate the agreements referred to in the previous paragraphs at any time:
at any time and are not limited to cancellation at a specific time or within a specific period;
terminate them in at least the same way as they were concluded;
always be terminated with the same notice period that the Supplier has given itself.
Continuation
A fixed-term contract for the regular supply of goods (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a period of no more than three months, provided that the consumer can cancel the renewed contract before the expiry of the cancellation period with no more than one month's notice.
A fixed-term contract for the regular supply of goods or services may be tacitly renewed for an indefinite period only if the consumer can terminate it at any time with no more than one month's notice, and no more than three months' notice if the contract concerns the regular supply of daily or weekly newspapers and periodicals, but less frequently than once a month.
A fixed-term agreement for regular delivery of daily or weekly newspapers and magazines as a trial subscription (trial or introductory period) is not tacitly renewed, but is automatically cancelled at the end of the trial or introductory period.
Duration
If the duration of the agreement exceeds one year, the consumer may terminate the agreement at any time after one year with up to one month's notice, unless it is not reasonable and fair to terminate the agreement before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the consumer's debt shall be paid within 7 working days after the cancellation right referred to in Article 6(1) has expired. In the case of an agreement on the provision of a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer is obliged to inform the trader immediately of any inaccuracies in the payment information provided or referred to.
If the consumer fails to pay, the trader is entitled to charge the consumer the reasonable costs notified in advance, subject to statutory limitations.

Article 14 - Complaints procedure
Complaints about the fulfilment of the contract must be submitted to the trader within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints sent to the trader will be answered within 14 days of receipt. If a complaint is likely to take longer, the trader will respond within 14 days by sending an acknowledgement of receipt and a notification of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute will arise, which will be subject to the dispute resolution procedure.
A complaint does not suspend the trader's obligations, unless the trader states otherwise in writing.
If the entrepreneur finds that a complaint is justified, the entrepreneur will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes
Only Dutch law applies to contracts between the trader and the consumer to which these General Terms and Conditions apply. Even if the consumer is resident abroad.

Article 16 - CESOP
Due to the measures introduced and tightened up as of 2024 regarding the 'Amendment to the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)' and thus the implementation of Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

 

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