Terms of Service

Terms of Service

Articles 1 and 2 – Definitions

In these terms, the following definitions apply:

• Withdrawal period: the period within which the consumer can exercise their right of withdrawal.
• Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
• Day: calendar day.
• Continuing 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 medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
• Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period.
• Trader: the natural or legal person who offers products and/or services to consumers at a distance.
• Distance contract: a contract concluded within the framework of a system organised by the trader for the distance selling of products and/or services, in which, up to and including the conclusion of the contract, exclusively one or more techniques for distance communication are used.
• Technique for distance communication: any means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.
• Terms and conditions: these terms and conditions of the trader.

Article 3 – Applicability

These terms apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these terms will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, that the terms can be viewed at the trader's premises and that they will be sent free of charge to the consumer as soon as possible on request.

By derogation from the previous paragraph, if the distance contract is concluded electronically, the text of these terms will be made available to the consumer electronically before the contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the contract is concluded, where the terms can be consulted electronically and that they will be sent free of charge on request, electronically or otherwise.

If specific product or service conditions apply in addition to these terms, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the provision that is most favourable to them.

If one or more provisions of these terms are at any time wholly or partly void or annulled, the remaining provisions of the contract and these terms remain in force, and the provision concerned will be replaced without delay, in mutual consultation, by a provision that approximates the purpose of the original as closely as possible.

Situations not covered by these terms should be assessed “in the spirit” of these terms. Any ambiguity about the interpretation or content of one or more provisions should likewise be interpreted “in the spirit” of these terms.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be stated explicitly in the offer. The offer is subject to confirmation. The trader 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 allow the consumer to assess the offer properly. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the contract. Product images are a faithful representation of the products offered; however, the trader cannot guarantee that the colours shown match the actual colours of the products exactly.

Each offer contains information that makes clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price including taxes; any delivery costs; the way in which the contract is concluded and the actions required for this; whether or not a right of withdrawal applies; the method of payment, delivery and performance of the contract; the period for accepting the offer, or the period during which the trader guarantees the price; the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate; whether the contract is archived after conclusion and, if so, how the consumer can consult it; how the consumer can check and, if necessary, correct the information provided before concluding the contract; any other languages in which the contract can be concluded; the codes of conduct to which the trader is subject and how the consumer can consult them electronically; and the minimum duration of the distance contract in the case of a continuing transaction. Optional: available sizes, colours and types of material.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.

If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

Within the limits of the law, the trader may inform itself whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If, based on this assessment, the trader has good reason not to enter into the contract, it is entitled to refuse an order or request, or to attach special conditions to its performance.

The trader will provide the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the trader's business where the consumer can submit complaints; b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or clear information about the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; d. the information referred to in Article 4(3) of these terms, unless the trader has already provided this information to the consumer before performance of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded on the condition precedent that the products concerned are sufficiently available.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving any reason within 30 days. This cooling-off period starts on the day after the product has been received by the consumer or by a representative designated in advance by the consumer and made known to the trader.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories and — if reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product, in writing or by email. After notifying the trader, the consumer must return the product within 30 days. The consumer must prove that the delivered product was returned on time, for example by providing proof of shipment.

If, after the periods referred to in paragraphs 2 and 3 have expired, the consumer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the product are for their account.

If the consumer has paid an amount, the trader will refund this amount as soon as possible and no later than 14 days after the withdrawal, provided that the product has already been received back by the trader or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal for the products described in paragraphs 2 and 3. The exclusion only applies if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products: a. made by the trader in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that by their nature cannot be returned; d. that are perishable or age quickly; e. whose price is subject to fluctuations on the financial market over which the trader has no influence; f. single newspapers and magazines; g. audio and video recordings and computer software whose seal has been broken by the consumer; h. hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, catering or leisure activities to be performed on a specific date or within a specific period; b. whose performance has begun with the consumer's express consent before the end of the cooling-off period; c. relating to bets and lotteries.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

By derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market, over which the trader has no influence, at variable prices. This link to fluctuations, and the fact that any stated prices are target prices, will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader 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 statutory rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. The trader 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 themselves or had them repaired and/or modified by a third party; the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging; the defect is wholly or partly the result of regulations that the government has issued or will issue regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will take the greatest possible care when receiving and processing orders for products.

The place of delivery is the address that the consumer has provided to the trader.

With due observance of what is stated in Article 4 of these terms, the trader will execute accepted orders with due speed, but no later than within 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 within 30 days of placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.

In the event of termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If an ordered product cannot be delivered, the trader will make every effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment in this case are for the trader's account.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and extension

Termination
The consumer may terminate a contract entered into for an indefinite period for 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 may terminate a contract entered into for a fixed period for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the previous paragraphs at any time and not only at a specific time or during a specific period; at least in the same way as they entered into them; and always with the same notice period as the trader has stipulated for itself.

Extension
A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed 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 fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, or no more than three months if the contract concerns the regular, but less than monthly, delivery of daily, news or weekly papers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines on a trial or introductory basis 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 it 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 term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6(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 is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of 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 trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer lives abroad.