General 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 the right of withdrawal.

Consumer: the natural person who does not act in the exercise of a profession or business and who 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 medium that enables the consumer or entrepreneur to store information directed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

Model form: the model withdrawal form provided by the entrepreneur that the consumer may fill out if they wish to exercise the right of withdrawal.

Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance.

Distance contract: a contract concluded within the framework of an organized system for the distance sale 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: a tool that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same place.

General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order between the entrepreneur and the 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 contract is concluded that the terms can be viewed at the entrepreneur’s premises and will be sent free of charge at the consumer’s request.

If the contract is concluded electronically, these terms can be provided electronically in such a way that the consumer can easily store them on a durable medium.

If in addition to these terms, specific product or service conditions apply, the consumer can always invoke the provision most favorable to them in case of conflicting terms.

If any provision of these terms is null or annulled, the remaining provisions will remain in force, and the invalid provision will be replaced by a valid one that comes closest to the original intent.

Situations not covered by these terms will be assessed “in the spirit” of these terms.

Uncertainties about interpretation or content shall also be interpreted “in the spirit” of these terms.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.

The offer is non-binding; the entrepreneur may modify or adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. Images are truthful representations, though minor differences may occur. Apparent mistakes or errors do not bind the entrepreneur.

Each offer clearly states the rights and obligations associated with acceptance, including:

  • Price including taxes

  • Shipping costs

  • Method of concluding the agreement

  • Applicability of the right of withdrawal

  • Payment, delivery, and execution method

  • Validity of the offer

  • Contract archiving and access details

  • Data correction options

  • Available languages

  • Applied codes of conduct

  • Minimum duration in case of duration contracts.

Article 4 – The Agreement

The agreement is established when the consumer accepts the offer and meets its conditions.

If accepted electronically, the entrepreneur confirms receipt electronically. Until confirmation, the consumer may cancel.

The entrepreneur ensures secure data transfer and safe payment methods.

The entrepreneur may check the consumer’s creditworthiness and refuse an order with justification.

After the agreement, the entrepreneur provides:

  • Contact address for complaints

  • Withdrawal instructions

  • Warranty and after-sales details

  • Contract data unless already provided

  • Cancellation requirements for long-term agreements.

Every contract is concluded under the condition of product availability.

Article 5 – Right of Withdrawal

For products:
The consumer can withdraw within 14 days after receiving the product. During this period, the consumer handles the product carefully and returns it in original condition and packaging if possible.

The consumer must notify the entrepreneur within 14 days of receipt and return the product within another 14 days. Proof of shipment is required.

After the deadline, withdrawal is no longer possible.

For services:
The consumer can cancel within 14 days after the agreement date.

The consumer follows the provided instructions for withdrawal.

Article 6 – Costs in Case of Withdrawal

Return shipping costs are borne by the consumer.

Payments made are refunded within 14 days after withdrawal, provided the product is returned or proof of return is given. Refunds are via the same payment method unless agreed otherwise.

The consumer is liable for any value reduction resulting from misuse.

If the entrepreneur failed to provide mandatory withdrawal information, the consumer is not liable for depreciation.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude withdrawal for:

  • Custom-made or personalized products

  • Perishable goods

  • Hygiene-sensitive items (if unsealed)

  • Newspapers, magazines

  • Audio/video/software (if unsealed)

  • Products inseparable from other items after delivery

Services excluded include:

  • Accommodation, transport, catering, or leisure on specific dates

  • Services started with consumer’s consent before the cooling-off period ends

  • Betting and lotteries.

Article 8 – The Price

Prices remain unchanged during the offer’s validity, except for VAT changes.

Variable pricing applies for market-dependent products; this will be stated clearly.

Price increases within 3 months are only allowed due to legal measures; later increases require consumer consent.

All prices include VAT and exclude obvious printing or typographical errors.

Article 9 – Conformity and Warranty

The entrepreneur guarantees that products conform to the agreement and meet legal standards.

Manufacturer or importer warranties do not affect consumer rights.

Defects must be reported within 2 months after discovery.

The warranty period equals the manufacturer’s warranty.

Warranty excludes defects from:

  • Improper or careless use

  • Unauthorized repairs or alterations

  • Government regulations on material types or quality.

Article 10 – Delivery and Execution

The entrepreneur will act with care during order processing.

Delivery is to the address provided by the consumer.

Orders are fulfilled within 30 days unless otherwise agreed. If delayed, the consumer is informed and may cancel without cost.

All delivery terms are indicative. No compensation applies for delays.

In case of cancellation, payments are refunded within 14 days.

If replacement is necessary, this will be communicated clearly, and return costs for replacements are borne by the entrepreneur.

Risk transfers to the consumer upon receipt.

Article 11 – Duration Transactions

Termination:
Consumers may terminate indefinite contracts with one month’s notice.
Fixed-term contracts may be terminated at the end of their term with one month’s notice.
Termination must be possible in the same way as agreement formation.

Renewal:
Fixed-term contracts cannot be automatically extended beyond the agreed period except for limited short-term renewals (e.g., magazines).

Duration:
Contracts lasting over one year may be terminated after one year with one month’s notice.

Article 12 – Payment

Unless otherwise agreed, payments must be made within 7 working days after the start of the withdrawal period.

Consumers must immediately report incorrect payment details.

In case of non-payment, reasonable collection costs may be charged.

Article 13 – Complaints Procedure

The entrepreneur maintains a transparent complaints procedure.

Complaints must be submitted within 2 months after discovery.

Complaints are answered within 14 days. If more time is needed, a response with an estimated resolution date is given.

If unresolved, the complaint may go to Stichting WebwinkelKeur for mediation (free) or its independent disputes committee, whose decision is binding.
Complaints can also be submitted through the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend the consumer’s obligations unless otherwise agreed.

If justified, the entrepreneur will repair or replace products at no cost.

Article 14 – Disputes

Only Dutch law applies to all agreements between entrepreneur and consumer, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 15 – Additional or Deviating Provisions

Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or in a durable accessible form.