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Terms-of-service
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Costs of exercising the right of withdrawal
Article 8 - Warranty and conformity
Article 9 - Delivery and performance
Article 10 - Duration of the contract: duration, termination and renewal
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Disputes
Article 14 - Additional or different provisions
Article 15 - Acceptance of a replacement item
Article 16 - Return address
Article 17 - Payment obligation
Article 18 - Return in case of error, defect or return
Translated with DeepL.com (free version)
ARTICLE 1 - DEFINITIONS
In these conditions the following terms are defined:
Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Grace period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business or craft and who concludes a contract with the entrepreneur;
Day: calendar day;
Digital content: Data that is produced and delivered in digital form;
Duration transaction: an agreement that relates to a series of products and / or services whose delivery and / or purchase obligation is spread over time;
Durable data carrier: any (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible, including e-mail.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Model form: the withdrawal form that is made available to the consumer by the entrepreneur and that the consumer can fill in if he wishes to make use of his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, only one or more techniques are used for distance communication with the consumer until the conclusion of the agreement
Technique for distance communication: means that can be used to conclude a distance contract without the consumer and entrepreneur being in the same room at the same time
General terms and conditions: these general terms and conditions of the entrepreneur.
ARTICLE 3 - APPLICABILITY
These general conditions apply to every offer made by 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 will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection, how they can be consulted and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer's request.If the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the consumer in electronic form prior to the conclusion of the distance contract in such a way that the consumer can easily store them on a durable medium. If this is not possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge at his request, either electronically or in another way.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer shall always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
In the event that one or more provisions of these general terms and conditions are declared null and void at any time or are declared null and void in whole or in part, the remainder of these general terms and conditions shall remain in force and the null and void provision in question shall be replaced immediately by mutual agreement by a provision that comes as close as possible to the meaning of the original.
Situations not covered by these General Terms and Conditions must be assessed on the basis of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted in accordance with these General Terms and Conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.All images and specifications in the offer are indicative and cannot lead to compensation or termination of the contract.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This applies in particular to
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 regulation for postal and courier services for import. This regulation applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (together with the invoiced customs clearance costs, if applicable) from the recipient of the goods;
any shipping costs;
the manner in which the contract is concluded and the measures required for this;
whether or not the right of withdrawal applies
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period within which the trader guarantees the price;
the amount of the distance communication fee if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer
the way in which the consumer can check and, if desired, restore the data provided by him under the contract before concluding it;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.
Optional: available sizes, colors, types of materials.
ARTICLE 5 - THE CONTRACTThe contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions for this are met.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer has the option to pay electronically, the trader will take appropriate security measures.
Within the limits of the law, the trader may obtain information about the consumer's ability to meet his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If the trader has good reason not to enter into the contract on the basis of this assessment, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:
The visiting address of the establishment of the entrepreneur where the consumer can submit complaints;
the conditions and the way in which the consumer can exercise his right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
The information about guarantees and existing after-sales service;
the price, including taxes, of the product, service or digital content
The cost of delivery, if applicable;
the method of payment, delivery or fulfillment of the distance contract;
the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model form for withdrawal.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
On delivery of the products:
When purchasing products, the consumer has the option to dissolve the contract without giving any reason for 14 days.
This withdrawal period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and the entrepreneur.
If:
the consumer has ordered several products in the same order, the withdrawal period begins on the day on which the consumer or a third party designated by the consumer has received the last product. The trader may, provided that he has clearly informed the consumer before the ordering process, refuse an order for several products with a different delivery time.
If the delivery of a product consists of several shipments or parts, the withdrawal period shall commence on the day on which the consumer or a third party designated by him has received the last shipment or the last part;
if the agreement extends to the regular delivery of products over a certain period of time, the withdrawal period begins on the day on which the consumer or a third party designated by him received the first product.
In the case of services and digital content that is not delivered on a tangible medium:
In the case of a contract for services or a contract for the supply of digital content that is not supplied on a tangible medium, the consumer may withdraw from the contract within fourteen days without giving any reason. This fourteen-day period begins on the day following the conclusion of the contract.
Extended withdrawal period for products, services and digital content that are not delivered on a tangible medium if no information on the right of withdrawal is provided:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start of the original cooling-off period, the cooling-off period expires fourteen days after the day on which the consumer received this information.
During the cooling-off period, the consumer shall handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories 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 make use of his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove the timely return of the delivered goods, e.g. by means of proof of dispatch.
ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
When exercising the right of withdrawal, the consumer only has to bear the costs of the return shipment.
The trader shall refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, by the same method used by the consumer. This requires the return by the trader or conclusive proof of complete return.
Any depreciation of the product caused by careless handling will be charged to the consumer. This cannot be claimed if the retailer has not provided all legally required information on the right of withdrawal. This should be done before the purchase contract is concluded.
ARTICLE 8 - GUARANTEE AND CONFORMITY
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or fitness for purpose and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. 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 can assert against the trader on the basis of the agreement. This includes any promise made by the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has not fulfilled his part of the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The warranty does not apply if:
-the buyer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by a third party;
-the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the intermediary and/or have been handled on the packaging
-the defect is wholly or partly due to government regulations concerning the nature or quality of the materials used
ARTICLE 9 - DELIVERY AND EXECUTION
The entrepreneur applies the greatest possible care when accepting and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions of paragraph 4 of this article, the company will accept orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order is not or only partially executed, the consumer will receive the goods no later than 30 days after the order. In that case, the consumer has the right to terminate the agreement without penalty. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from the stated delivery periods. Exceeding a deadline does not entitle the consumer to compensation.
In case of termination of the contract in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination of the contract.
If the delivery of an ordered product proves impossible, the Entrepreneur will make every effort to find a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item will be delivered. The right of withdrawal cannot be excluded in the case of replacement items. The costs of the return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products shall be borne by the Entrepreneur until the moment of delivery to the Consumer or a previously designated representative notified to the Entrepreneur's representative, unless otherwise expressly agreed.
ARTICLE 10 - TERM TRANSACTIONS: DURATION, TERMINATION AND RENEWAL
Termination
The Consumer has the right at any time to terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.
The consumer has the right at any time to terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month, at the end of the fixed term.
The consumer can make the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
terminate them at least as they were concluded by him;
always terminate with the same notice period that the entrepreneur has set for himself.
Extension
A fixed-term contract concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum of three months if the consumer has the right to terminate the extended contract before the end of the extension period with a notice period of no more than one month.
A fixed-term contract concluded for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer has the right to 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 contract is for the regular delivery of daily or weekly newspapers or magazines, but less than once a month.
A fixed-term contract for the regular delivery of trial days, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts longer than one year, the consumer can terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
ARTICLE 11 - PAYMENT
Unless another date has been agreed, the amounts to be paid 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 an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in the data provided or the stated payment to the operator immediately.
In the event of non-payment on the part of the consumer and subject to legal restrictions, the entrepreneur is entitled to charge the consumer all previously determined reasonable costs.
ARTICLE 12 - COMPLAINT PROCEDURE
The entrepreneur must have a sufficiently publicized complaints procedure and must handle the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable period of time after the consumer has discovered the defects, in a complete and clearly described manner.
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 acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, it becomes a dispute that is subject to the dispute settlement procedure.
ARTICLE 13 - DISPUTES
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
ARTICLE 14 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional or different provisions from these general terms and conditions must not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can keep them accessible on a durable medium.
ARTICLE 15 - ACCEPTANCE OF A REPLACEMENT ITEM
If a customer receives a free new item in a larger size, he loses the possibility to return the items. This is because we have already suffered a great loss by providing new items.
Article 16 – CESOP
Due to the measures introduced and tightened in 2024 to “amend the Value Added Tax Act 1968 (implementation of the Payment Service Provider Directive Act)” and thus the introduction of the Central Electronic Payment Information System (CESOP), payment service providers can register data in the European CESOP system.