Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuing performance contract: 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 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.
  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
  • Technique for distance communication: means that can be used for concluding a contract without the consumer and the entrepreneur being together in the same place at the same time.
  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge at the consumer's request as soon as possible. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be replaced by mutual agreement by a provision that approximates the original as closely as possible. Situations that are not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Apparent mistakes or errors in the offer are not binding on the entrepreneur. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This particularly concerns:

  • the price excluding clearance charges and import VAT. These additional costs will be borne by the customer. The postal and/or courier service will use the special arrangement for postal and courier services regarding import. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (whether or not together with the clearance charges) from the recipient of the goods;
  • any shipping costs;
  • the manner in which the contract will be concluded and what actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • the level of the tariff for distance communication if the costs of using the distance communication technique are calculated on a different basis than the regular basic tariff for the used communication means;
  • 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, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
  • any other languages in which, besides Dutch, the contract can be concluded;
  • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in case of a continuous performance contract. Optional: available sizes, colors, types of materials.

Article 5 – The contract

The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. 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 entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  • the visit address of the establishment of the entrepreneur where the consumer can go with complaints;
  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about guarantees and existing service after purchase;
  • the data included in article 4 paragraph 3 of these conditions unless the entrepreneur has already provided these data to the consumer before the execution of the contract;
  • the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite. In the case of a continuous performance contract, the provision in the previous paragraph applies only to the first delivery. Every contract is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after the product is received by the consumer or a pre-designated representative made known to the entrepreneur. During the cooling-off period, the consumer will handle the product and 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 exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must communicate this through a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of shipment. If the customer has not made it known after the expiration of the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good 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 in accordance with 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 that the entrepreneur has no influence on;
  • for loose newspapers and magazines;
  • for audio and video recordings and computer software where the consumer has broken the seal.
  • for hygienic products where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:
  • regarding accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
  • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • regarding 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. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence on, with variable prices. This linkage to fluctuations and the fact that any stated prices are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  • they are the result of statutory regulations or provisions; or
  • the consumer has the authority to terminate the contract from the day the price increase takes effect. The place of delivery is based on Article 5, paragraph 1 of the Turnover Tax Act 1968, in the country where the transport begins. In this case, this delivery takes place outside the EU. Consequently, the postal or courier service will charge the importer import VAT and/or clearance costs. Therefore, the entrepreneur will not charge VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the erroneous 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 the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. 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 himself or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
  • The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In such cases, the consumer has the right to dissolve the contract without costs and is entitled to any compensation. In case of dissolution according to the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution. If delivery of an ordered product turns out to be impossible, the entrepreneur will strive to make a replacement article available. No later than at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment 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 representative made known to the entrepreneur unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination, and extension

Termination

  • The consumer can terminate a contract that has been concluded for an indefinite period and which extends to 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 can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.
  • The consumer can cancel the contracts mentioned in the previous paragraphs:
    • at any time and is not limited to termination at a specific time or in a specific period;
    • at least terminate in the same way as they were concluded by him;
    • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  • A contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
  • Contrary to the previous paragraph, a contract that has been concluded for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of no more than 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 contract that has been concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period 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 in case the contract extends to the regular but less than once a month delivery of daily, news, and weekly newspapers and magazines.
  • A contract with a limited duration for the regular introduction to the delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  • If a contract has a duration of 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, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
  • The consumer has the obligation to immediately report inaccuracies in the payment data provided or stated to the entrepreneur.
  • In case of default by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

  • Complaints about the execution of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be answered within a period of 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 when the consumer can expect a more detailed answer.
  • If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  • A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  • If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, 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. This also applies if the consumer lives abroad.

Article 16 – CESOP

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