Terms and Conditions

Article 1 — Definitions

In these conditions, the following definitions apply:

1. Reflection period — the period in which the consumer can make use of his right of withdrawal.
2. Consumer — the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur.
3. Day — calendar day.
4. Duration of 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.
5. Durable medium — any means that enables the consumer or entrepreneur to store information addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal — the possibility for the consumer to withdraw from the distance contract within the reflection period.
7. Model form — the model form for withdrawal that the entrepreneur provides for the consumer to complete.
8. Entrepreneur — the natural or statutory person who offers products and/or services to consumers at a distance.
9. Distance contract — an agreement whereby, within a system organised by the entrepreneur for distance selling, only one or more techniques for distance communication are used up to and including conclusion of the agreement.
10. Technique for distance communication — means used to conclude a contract without consumer and entrepreneur being in the same room.
11. Terms and Conditions — the present General Terms and Conditions.

Article 2 — Identity of the entrepreneur

Article 3 — Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these terms will be made available to the consumer. If this is not reasonably possible, it will be indicated that the terms can be viewed at the entrepreneur and will be sent free of charge on request.
3. If the contract is concluded electronically, the text of these terms can instead be made available electronically so the consumer can easily store it on a durable medium; otherwise it will be indicated where the terms can be consulted and that they will be sent free of charge on request.
4. Where specific product or service conditions apply alongside these general terms, and they conflict, the consumer may always invoke whichever provision is most favourable to them.
5. If any provision of these terms is void or destroyed, the contract and remaining terms stay intact, and the void provision is replaced by one that approaches its original intent as closely as possible.
6. Situations not regulated in these terms must be assessed in the spirit of these terms.
7. Any obscurity about the explanation or content of a provision should likewise be explained in the spirit of these terms.

Article 4 — The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.
2. The offer is without obligation. The entrepreneur is entitled to amend and adjust it.
3. The offer contains a complete and accurate description of the products and/or services, detailed enough for a proper assessment by the consumer. Images are a true reflection of what's offered. Obvious mistakes do not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and cannot lead to compensation or dissolution of the contract.
5. Displayed colours may not exactly match the real colours of the products.
6. Each offer clearly states the rights and obligations attached to accepting it, including:
   • the price including taxes
   • any shipping costs
   • how the contract will be concluded
   • whether the right of withdrawal applies
   • the method of payment, delivery and execution
   • the period for accepting the offer or price validity
   • any non-standard distance-communication tariff
   • whether the agreement is filed and how it can be consulted
   • how the consumer can check and correct their data before concluding
   • any other languages the contract can be concluded in
   • applicable codes of conduct and how to consult them
   • the minimum duration for duration-of-transaction agreements
   • available sizes, colours and materials

Article 5 — The contract

1. The contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions, subject to paragraph 4.
2. If accepted electronically, the entrepreneur will immediately confirm receipt; until confirmed, the consumer may dissolve the contract.
3. If concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure data transfer and ensure a safe web environment, including for electronic payment.
4. The entrepreneur may, within legal limits, verify whether the consumer can meet payment obligations, and may refuse an order or attach special conditions if there are good reasons not to enter the agreement.
5. The entrepreneur will send the following with the product or service, in writing or storable on a durable medium: the visiting address for complaints; the conditions for exercising the right of withdrawal (or its exclusion); guarantee and after-sales service information; the Article 4(3) information if not already provided; and termination requirements for contracts over one year or indefinite.
6. For an extended transaction, the previous paragraph applies only to the first delivery.
7. Each contract is concluded subject to sufficient availability of the products.

Article 6 — Right of withdrawal

When delivering products

1. The consumer may terminate the contract without giving reasons within 14 days, starting the day after receipt of the product by the consumer or a pre-designated representative.
2. During this period the consumer handles the product and packaging carefully, unpacking or using it only as needed to assess whether to keep it, and returns it with all accessories, ideally in original condition, following the entrepreneur's instructions.
3. To use the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receipt using the model form, then return the product within a further 14 days, and must be able to prove timely return.
4. If the consumer neither announces withdrawal nor returns the product within these periods, the purchase is final.

When delivering services

1. The consumer may terminate the contract without giving reasons for at least 14 days, starting on the day the contract is concluded.
2. To exercise this right, the consumer follows the reasonable instructions provided by the entrepreneur with the offer or at the latest upon delivery.

Article 7 — Costs in case of withdrawal

1. If the consumer withdraws, they bear the cost of returning the product.
2. Any amount paid will be refunded as soon as possible, and no later than 14 days after cancellation, provided the product has been received or proof of return submitted — refunded via the original payment method unless the consumer agrees otherwise.
3. The consumer is liable for depreciation caused by careless handling.
4. The consumer cannot be held liable for depreciation if the entrepreneur failed to provide the legally required withdrawal information before the sale was concluded.

Article 8 — Exclusion of right of withdrawal

1. The entrepreneur may exclude the right of withdrawal only where clearly stated in the offer, in time for the conclusion of the contract.
2. Exclusion applies only to products that: are made to the consumer's specifications; are clearly personal in nature; cannot be returned due to their nature; spoil or age quickly; have prices tied to financial-market fluctuations beyond the entrepreneur's control; are loose newspapers or magazines; are audio/video recordings or software with a broken seal; or are hygiene products with a broken seal.
   • Applies also to services concerning accommodation, transport, restaurants or dated leisure activities; services begun with express consent before the reflection period expires; and bets or lotteries.

Article 9 — The price

1. Prices will not increase during the offer's stated validity, except for VAT changes.
2. The entrepreneur may offer variable-price products tied to financial-market fluctuations outside their control, with this link and any target-price status stated in the offer.
3. Price increases within 3 months of the contract are only allowed as a result of statutory regulation.
4. Price increases after 3 months are allowed only if stipulated in advance and either result from statutory regulation, or the consumer may terminate the contract from the day the increase takes effect.
5. Prices stated in the offer include applicable taxes.
6. All prices are subject to printing and typing errors, for which no liability is accepted; the entrepreneur is not obliged to deliver at an erroneous price.

Article 10 — Conformity and warranty

1. The entrepreneur guarantees the products/services conform to the contract, the offer's specifications, reasonable standards of usability, and applicable law at the time of conclusion, plus suitability for non-normal use if agreed.
2. Any warranty from the entrepreneur, manufacturer or importer does not affect the consumer's statutory rights.
3. Defects or incorrect deliveries must be reported in writing within 4 weeks of delivery; returns must be in original packaging and as-new condition.
4. The entrepreneur's warranty term matches the manufacturer's; the entrepreneur is not responsible for a product's ultimate suitability for a specific individual use, nor for usage advice.
5. The warranty does not apply where the consumer (or a third party) has repaired or processed the product themselves, where it has been exposed to abnormal conditions or careless/contrary-to-instruction handling, or where the defect stems from government regulation on materials.

Article 11 — Delivery and execution

1. The entrepreneur takes the utmost care in receiving and executing orders and assessing service applications.
2. The place of delivery is the address the consumer has provided to the entrepreneur.
3. Accepted orders are executed promptly, within 30 days unless a longer period is agreed; delays or partial fulfilment are notified within 30 days of order, and the consumer may then terminate without cost, without a right to compensation.
4. All delivery terms are indicative; exceeding a term does not create a right to compensation.
5. On dissolution under paragraph 3, the entrepreneur refunds the consumer within 14 days.
6. If delivery of an ordered product proves impossible, the entrepreneur will try to offer a replacement, stating clearly that it is a replacement; the right of withdrawal cannot be excluded for it, and return costs are borne by the entrepreneur.
7. Risk of damage or loss stays with the entrepreneur until delivery to the consumer or their pre-designated representative, unless otherwise agreed.

Article 12 — Duration transactions: duration, cancellation and extension

Cancellation

1. An indefinite-period contract for regular delivery of products (including electricity) or services may be terminated at any time, with notice of at most one month.
2. A fixed-period contract for regular delivery may be terminated by the end of its term, with notice of at most one month.
3. The consumer may cancel at any time without being limited to a specific moment, cancel in the same way the contract was entered into, and use the same notice period the entrepreneur stipulated for themselves.

Extension

1. A fixed-period contract for regular delivery may not be tacitly extended or renewed for a fixed term.
2. Exception: subscriptions for daily papers, newspapers and magazines may tacitly extend for up to three months, cancellable with at most one month's notice.
3. A fixed-period contract may tacitly extend for an indefinite period only if cancellable at any time with at most one month's notice (three months for less-than-monthly newspaper/magazine delivery).
4. A limited trial or introductory subscription for papers or magazines cannot tacitly continue and ends automatically.

Duration

1. If a contract runs longer than one year, the consumer may terminate at any time with at most one month's notice, unless reasonableness and fairness oppose earlier cancellation.

Article 13 — Payment

1. Unless otherwise agreed, amounts owed must be paid within 7 working days of the start of the reflection period (Article 6.1); for services, this starts on receipt of the order confirmation.
2. The consumer must report inaccuracies in payment details to the entrepreneur without delay.
3. In case of default, the entrepreneur may, within statutory limits, charge reasonable costs announced to the consumer in advance.

Article 14 — Complaints procedure

1. The entrepreneur maintains a well-publicised complaints procedure and handles complaints accordingly.
2. Complaints about contract execution must be submitted fully and clearly within 7 days of discovery.
3. Complaints are answered within 14 days of receipt; if a longer processing time is expected, the entrepreneur responds within 14 days with a notice of receipt and an indication of timing.
4. If a complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute settlement procedure.
5. Consumers should first contact the entrepreneur; if affiliated with Stichting WebwinkelKeur and unresolved, the consumer can turn to WebwinkelKeur for free mediation, or ultimately to its binding arbitration committee (costs apply), or file via the European ODR platform.
6. A complaint does not suspend the entrepreneur's obligations, unless stated otherwise.
7. A well-founded complaint results in free replacement or repair of the delivered products, at the entrepreneur's discretion.

Article 15 — Disputes

1. Contracts governed by these terms are exclusively subject to Dutch law, even where the consumer lives abroad.
2. The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 — Additional or deviating provisions

Additional or deviating provisions from these terms and conditions may not be at the expense of the consumer, and must be recorded in writing or in a way that the consumer can store on a durable medium.