Terms & Conditions

Article 1 – Definitions

In these Terms, the following definitions apply:

• Cooling-off period: The period during which the consumer may exercise their right of withdrawal.

• Consumer: A natural person who does not act in the exercise of a trade or business and enters into a distance contract with the entrepreneur.

• Day: Calendar day.

• Ongoing transaction: A distance contract related to a series of products and/or services, for which the supply and/or purchase obligation is spread over time.

• Durable data carrier: Any means that allows the consumer or entrepreneur to store information directed personally to them in a way that enables future consultation and unchanged 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: A natural or legal person who offers products and/or services remotely to consumers.

• Distance contract: An agreement in which, as part of an entrepreneur’s system for remote sales of products and/or services, one or more techniques for remote communication are used exclusively up to and including the conclusion of the contract.

• Remote communication technology: Any means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same place at the same time.

 

Article 2 – Right of Withdrawal

• Consumers have the right to withdraw from a contract within 14 days without providing a reason.

• During the cooling-off period, the consumer must handle the product and packaging with care.

• If the consumer exercises their right of withdrawal, they must return the product along with all accessories, in its original condition, and following reasonable instructions from the entrepreneur.

 

Article 3 – Applicability

• These General Terms & Conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

• Before the distance contract is concluded, the text of these General Terms & Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed of where they can review these Terms before concluding the contract.

• If the agreement is concluded electronically, the text of these General Terms & Conditions may be provided electronically in such a way that the consumer can store them easily on a durable data carrier. If this is not possible, the consumer will be informed of where they can access them electronically or request a free copy.

• In case of conflicting terms, the consumer may rely on the most favorable applicable provision.

• If any provision in these Terms is found to be invalid or unenforceable, the remainder of the Terms will still apply, and a replacement provision that closely aligns with the original intent will be agreed upon.

• Situations not covered by these Terms should be interpreted “in the spirit” of these General Terms & Conditions.

 

Article 4 – Offers & Agreements

• If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.

• All offers are non-binding, and the entrepreneur reserves the right to modify or withdraw them.

• The offer contains a detailed and accurate description of the products and/or services provided. If images are used, they will be a true representation of the offered products/services. However, slight deviations in colors or product specifications may occur.

• Consumers will be clearly informed of:

• Any applicable shipping costs.

• The steps required to conclude an agreement.

• Whether or not the right of withdrawal applies.

• The accepted payment methods and available delivery options.

• The timeframe for accepting the offer or the validity of the listed price.

• Any conditions regarding communication costs if they differ from the standard basic rate.

• Whether the contract will be archived and, if so, how the consumer can access it.

• The consumer’s ability to verify and correct provided information before finalizing the agreement.

• Available languages for concluding the contract besides English.

• Any applicable industry codes of conduct and how the consumer can access them.

• The minimum contract duration in the case of ongoing transactions.

• Optional: Available sizes, colors, and material types for products.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the specified conditions, subject to the provisions of paragraph 4.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur shall implement appropriate security measures.
4. Within the limits of the law, the entrepreneur may investigate whether the consumer can fulfill their payment obligations and assess all relevant factors necessary for responsibly entering into the remote agreement. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
5. The entrepreneur shall provide the following information in writing or in a manner accessible for storage on a durable medium: a. The business address where consumers can lodge complaints; b. The terms and conditions under which the right of withdrawal can be exercised, or a clear statement if the right of withdrawal is excluded; c. Information on warranties and after-sales service; d. The details specified in Article 4, paragraph 3, unless already provided prior to the contract's execution; e. The requirements for terminating the agreement if it is of more than one year's duration or indefinite.
6. For ongoing transactions, the provisions of the previous paragraph apply only to the first delivery.
7. Every agreement is concluded under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

1. Consumers have the right to withdraw from a purchase agreement within 14 days without providing a reason. This withdrawal period starts the day after the consumer, or a representative designated by them, receives the product.
2. During the withdrawal period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it.
3. If the consumer exercises their right of withdrawal, they must return the product, including all accessories, in its original condition and packaging, following reasonable and clear instructions provided by the entrepreneur.
4. The consumer must notify the entrepreneur within 14 days of receipt of their intention to withdraw, via written communication (e.g., email).
5. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of timely return, such as a shipping receipt.
6. If the consumer fails to notify their withdrawal within the required period or does not return the product, the purchase is final.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, they are responsible for the return shipping costs.
2. If the consumer has already paid, the entrepreneur shall refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or conclusive proof of return is provided.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer's right of withdrawal for certain products and services, as described in paragraphs 2 and 3.
2. The right of withdrawal may only be excluded if the entrepreneur clearly states this in the offer before the agreement is concluded.
3. Exclusion of the right of withdrawal is possible for: a. Products made to the consumer's specifications; b. Products that are clearly personal in nature; c. Products that cannot be returned due to their nature; d. Products that perish or age quickly; e. Products subject to financial market fluctuations beyond the entrepreneur's control; f. Newspapers and magazines; g. Sealed audio/video recordings and software that have been unsealed by the consumer; h. Hygiene products that have been unsealed by the consumer.
4. The right of withdrawal may also be excluded for services involving: a. Accommodation, transport, restaurant services, or leisure activities scheduled for a specific date; b. Services initiated with the consumer's explicit consent before the withdrawal period ended; c. Betting and lottery services.

Article 9 – Pricing

1. Prices of offered products and services remain unchanged during the validity period stated in the offer, except for changes in VAT rates.
2. Products and services subject to financial market fluctuations, over which the entrepreneur has no control, may have variable pricing. This will be stated in the offer.
3. Price increases within three months of the agreement's conclusion are only allowed if resulting from legal regulations.
4. Price increases after three months are only permissible if: a. They result from legal regulations; or b. The consumer has the right to terminate the agreement before the price increase takes effect.
5. The entrepreneur is not liable for printing and typographical errors. In case of errors, the entrepreneur is not obligated to deliver at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that products and services conform to the agreement, stated specifications, usability expectations, and legal requirements.
2. If agreed, the entrepreneur guarantees suitability beyond normal use.
3. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights.
4. Defects or incorrect deliveries must be reported in writing within 14 days of delivery.
5. Returns must be in original packaging and in new condition.
6. The entrepreneur's warranty aligns with the manufacturer’s warranty period.
7. The entrepreneur is not responsible for product suitability for individual use cases or usage advice.
8. The warranty is void if: a. The consumer repairs or modifies the product themselves or via third parties; b. The product is subjected to abnormal conditions or mishandled contrary to the entrepreneur’s instructions; c. The defect results from government regulations regarding materials or quality.

Article 11 – Delivery and Execution

1. The entrepreneur shall exercise the utmost care in accepting and executing product orders.
2. With due regard to Article 4, accepted orders will be processed promptly, no later than 30 days, unless a longer delivery period has been agreed.
3. If delivery is delayed, or if an order cannot be fulfilled, the consumer will be informed within 30 days and has the right to terminate the agreement at no cost.
4. In the event of termination, the entrepreneur shall refund any payments within 14 days.
5. If delivery of an ordered product proves impossible, the entrepreneur will offer a replacement item, clearly indicating this upon delivery.
6. The right of withdrawal cannot be excluded for replacement items, and return shipping costs are borne by the entrepreneur.
7. The entrepreneur bears the risk of damage or loss until delivery to the consumer or a designated representative, unless otherwise agreed.

Article 12 – Duration Contracts: Termination and Renewal

Termination
The consumer may terminate an agreement entered into for an indefinite period that involves the regular delivery of products (including electricity) or services at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at the end of the specified term, subject to the agreed-upon termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous sections:

• At any time, without being restricted to termination at a specific time or within a specific period.
• Using at least the same method by which the agreement was originally concluded.
• Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal
A fixed-term agreement for the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.

By way of exception, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a maximum duration of three months, provided that the consumer may terminate this extended agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, or three months in cases where the agreement involves the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A limited-duration agreement for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically renewed and will end automatically after the trial or introductory period.

Duration
If an agreement 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 fairness and reasonableness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts payable by the consumer must be settled within seven (7) business days after the start of the cooling-off period as referred to in Article 6(1). In the case of a service agreement, this period starts after the consumer has received the agreement confirmation.

The consumer is obliged to promptly report any inaccuracies in provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the consumer for reasonable pre-disclosed costs incurred as a result.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted fully and clearly described to the entrepreneur within seven (7) days after the consumer has discovered the deficiencies.

Complaints submitted to the entrepreneur will be responded to within fourteen (14) days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will provide a response within the fourteen-day period acknowledging receipt and indicating when the consumer can expect a more detailed answer.

If the complaint cannot be resolved through mutual agreement, it results in a dispute subject to dispute resolution. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.

If a complaint is deemed valid by the entrepreneur, the entrepreneur will either replace or repair the delivered products at no additional cost to the consumer.

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.