General terms and conditions of business

General Terms and Conditions

Article 1 - Definitions In these 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 is not acting in the exercise of a profession or business and who concludes a distance contract with the entrepreneur; Day: calendar day; Duration of the transaction: a distance contract that relates to a series of goods and/or services of which the delivery and/or purchase obligation is staggered over time; 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. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance; Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, one or more distance communication techniques are used exclusively up to and including the conclusion of the agreement; Distance communication technique: means that can be used to conclude an agreement without the consumer and the entrepreneur having to meet in the same room 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 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 business premises and that they will be sent to the consumer free of charge as soon as possible upon request. If, in derogation from the previous paragraph, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge upon request of the consumer. In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly and in the event of conflicting general terms and conditions, the consumer can always rely on the provision most favorable to him. If one or more provisions of these general terms and conditions are at any time wholly or partially ineffective or void, the contract and these terms and conditions will otherwise remain in force and the provision in question will immediately be replaced by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision. Situations not provided for in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions. Any ambiguity about the interpretation or content of one or more provisions of our general terms and conditions should be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The offer If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt 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 reasonable assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. The images of the products are a true representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products. Each offer contains information from which the consumer can see what rights and obligations are associated with accepting the offer. This concerns in particular: the price excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service applies the special regime for postal and courier services upon import. This regime applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service charges the recipient of the goods VAT (together with customs clearance fees, if applicable); any delivery costs; the manner of concluding the contract and the actions required for this; the applicability of the right of withdrawal; the manner of payment, delivery and performance of the contract; the deadline for accepting the offer or the period within which the trader guarantees the price; the amount of the distance communication tariff if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used; whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer; the manner in which the consumer can check the data he has provided in the contract before concluding it and, if he so wishes, correct them; any languages ​​other than Dutch in which the contract can be concluded; the codes of conduct to which the trader has submitted himself and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a continuing contract. Optional: available sizes, colours, types of material.

Article 5 - The contract The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as 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 must take appropriate technical and organizational measures to protect the electronic data transmission and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within the legal framework - find out 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, as a result of this investigation, the entrepreneur has good reasons not to conclude the contract, he can refuse an order or application, stating reasons, or make the execution subject to special conditions. The trader shall include the following information with the product or service, in writing or in such a way that the consumer can keep it accessible on a durable medium: 1. the address of the trader's place of business where the consumer can submit complaints; 2. the conditions and the manner in which the consumer can exercise his right of withdrawal, or a clear reference to the exclusion of the right of withdrawal; 3. information about guarantees and existing after-sales service; 4. the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the contract has been performed; 5. the conditions for terminating the contract if the contract lasts for more than one year or is of indefinite duration. In the case of a continuing contract, the provision of the previous paragraph only applies to the first delivery. Each agreement is concluded subject to the suspensive condition of sufficient availability of the products in question.

Article 6 - Right of withdrawal When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the entrepreneur. During the cooling-off period, the consumer will handle the product and its 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 must return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur of this within 14 days of receiving the product. The consumer should notify this in the form of a written communication/e-mail. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove the timely return of the delivered goods, for example by means of a proof of shipment. If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, 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 goods are for the consumer's account. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is provided that the goods have already been returned to the entrepreneur or that 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 the products referred to in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has made this clear in the offer, at least in good time before the conclusion of the contract. The exclusion of the right of withdrawal is only possible for products: 1. that have been created by the entrepreneur according to the consumer's specifications; 2. that are clearly personal; 3. that cannot be returned due to their nature; 4. that spoil or age quickly; 5. whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control; 6. for individual newspapers and magazines; 7. for audio and video recordings and computer software of which the consumer has broken the seal; 8. for hygiene articles of which the consumer has broken the seal. The exclusion of the right of withdrawal is only possible for services that 1. concern accommodation, transport, catering or leisure activities that are to be provided on a specific day or within a specific period; 2. the supply of which has begun with the consumer’s express consent before the end of the cooling-off period; 3. which concern betting 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, with the exception of 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 over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices mentioned are target prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to them and: 1. they result from legal regulations or provisions; or 2. the consumer is entitled to terminate the contract on the day on which the price increase takes effect. The place of delivery within the meaning of Article 5 paragraph 1 of the VAT Act 1968 is in the country where the transport begins. In the present case, this delivery takes place outside the EU. The postal or courier service then collects the import VAT or handling fees from the customer. Consequently, no VAT is charged by the entrepreneur. All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the wrong price.

Article 10 - Conformity and guarantee The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of suitability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal. 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 on the basis of the agreement. Faulty or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The return of the products must be made in the original packaging and in new condition. The entrepreneur's warranty period corresponds to the factory warranty period. However, 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 guarantee 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 have otherwise been handled negligently or contrary to the instructions of the entrepreneur and/or on the packaging; the deficiency is wholly or partly the result of regulations that the state has or will issue regarding the nature or quality of the materials used.

Article 11 - Delivery and execution The company will take the greatest possible care when receiving and executing product orders. The place of delivery is the address that the consumer has communicated to the company. Subject to the provisions of article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be or can only be partially executed, the consumer will be informed of this no later than 30 days after the order. In that case, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution. If delivery of an ordered product is not possible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return are for the entrepreneur's account. The risk of damage and/or loss of products rests with the entrepreneur until the moment of handover to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Transactions with an extended term: term, termination and extension Termination The consumer may at any time terminate a contract of indefinite duration that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month. The consumer may at any time terminate a contract of fixed term that has been concluded for the regular delivery of products (including electricity) or services, at the end of the fixed term, in accordance with the applicable termination rules and subject to a maximum notice period of one month. The consumer may terminate the contracts referred to in the previous paragraphs at any time and is not limited to termination at a specific time or within a specific period; he can at least terminate them as he concluded them; he can always terminate them with the same notice period that the entrepreneur has set for himself. Extension A contract of fixed term that has been concluded for the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a specific term. Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer may terminate that 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 goods or the provision of services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines, but less than once a month. A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines within the framework of an introductory subscription (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate at the end of the trial or introductory period. Term For contracts with a term of more than one year, the consumer may terminate the contract at any time after one year has elapsed with a notice period of up to one month, unless reasonableness and equity preclude termination before the end of the agreed term.

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 referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer has the obligation to immediately report inaccuracies in the stated or mentioned payment details to the entrepreneur. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints procedure Complaints about the execution of the agreement should be submitted to the entrepreneur in a complete and clearly described manner within 30 days after the consumer has discovered the defects. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either 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 apply are exclusively subject to Dutch law, even if the consumer resides abroad.