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 their right of withdrawal.
Consumer: The natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Extended transaction: A distance contract relating to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility 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 remotely to consumers.
Distance contract: An agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.
Technique for distance communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being simultaneously present in the same place.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These General Terms and 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, it will be indicated before the distance contract is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may, in deviation from the previous paragraph and before the contract is concluded, be made available electronically in such a way that the consumer can easily store them on a durable data carrier.
If specific product or service conditions apply in addition to these General Terms and Conditions, the consumer may, in the event of conflicting conditions, always invoke the provision most favorable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced in mutual consultation by a provision that approximates the original intention as closely as possible.
Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify 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 proper assessment of the offer.
If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, including in particular:
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The possible shipping costs
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The manner in which the agreement will be concluded
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Whether the right of withdrawal applies
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The method of payment, delivery, and execution
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The period for accepting the offer
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Whether the agreement will be archived and how it can be accessed
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The way the consumer can check and correct their information
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The minimum duration of the distance contract in case of an extended transaction
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Available sizes, colors, materials (if applicable)
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
The entrepreneur may, within legal frameworks, verify whether the consumer can meet their payment obligations.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal (Products)
Upon purchase of products, the consumer has the possibility to dissolve the agreement without giving reasons within 30 days.
This period commences on the day after receipt of the product by the consumer or a representative designated by the consumer.
If the consumer exercises the right of withdrawal, they must notify the entrepreneur within 30 days of receipt and return the product within 30 days.
If the consumer does not exercise the right of withdrawal within the set period, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided the returned product has been received or proof of return shipment has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products:
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Made according to the consumer’s specifications
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Clearly personal in nature
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That cannot be returned due to their nature
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That deteriorate or expire rapidly
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Whose price is subject to fluctuations in the financial market
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Newspapers and magazines
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Sealed hygienic products if unsealed after delivery
Article 9 – The Price
During the validity period stated in the offer, prices shall not be increased, except for changes due to VAT rates.
All prices are subject to printing and typographical errors. No liability is accepted for such errors.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement and reasonable standards of reliability and usability.
Defects must be reported in writing within 30 days of delivery.
The warranty does not apply if:
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The consumer has repaired or modified the products themselves
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The products have been exposed to abnormal conditions
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The defect results from government regulations concerning materials used
Article 11 – Delivery and Execution
The entrepreneur shall observe the greatest possible care when receiving and executing product orders.
Orders shall be executed within 30 days unless a longer delivery period has been agreed.
If delivery is delayed, the consumer has the right to dissolve the agreement without costs.
The risk of damage or loss rests with the entrepreneur until delivery to the consumer.
Article 12 – Extended Transactions
The consumer may terminate agreements concluded for an indefinite period at any time with a notice period of at most one month.
Agreements for a fixed term may not be automatically renewed for a fixed duration.
Article 13 – Payment
Unless otherwise agreed, amounts due by the consumer must be paid within seven working days after the cooling-off period begins.
The consumer must immediately report inaccuracies in payment details.
Article 14 – Complaints Procedure
Complaints must be submitted within seven days after the defect has been discovered.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt.
If a complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution procedures.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.