General Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these Terms and Conditions, the following definitions shall apply:

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

Consumer: The natural person who is not acting in the course of a profession or business and who enters into a distance contract with the Entrepreneur.

Day: Calendar day.

Continuous 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 Medium: 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 to Consumers at a distance.

Distance Contract: A contract concluded under an organised system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of Distance Communication: Any means that can be used to conclude a contract without the Consumer and the Entrepreneur being simultaneously present in the same place.

General Terms and Conditions: These General Terms and Conditions of the Entrepreneur.

ARTICLE 2 – RIGHT OF WITHDRAWAL

The Consumer has the right to withdraw from the contract within a Cooling-off Period of 30 days without stating any reasons.

During the Cooling-off Period, the Consumer shall handle the product and its packaging with due care.

If the Consumer exercises the right of withdrawal, they shall return the product together with all supplied accessories and, where reasonably possible, in its original condition, in accordance with the 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 a distance contract is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, the Entrepreneur shall indicate, before the distance contract is concluded, that the General Terms and Conditions can be inspected at the Entrepreneur’s premises and that they will be sent free of charge to the Consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available electronically in such a way that it can easily be stored by the Consumer on a Durable Medium. If this is not reasonably possible, the Entrepreneur shall indicate where the General Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall 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 General Terms and Conditions are at any time wholly or partially invalid or annulled, the agreement and the remaining provisions shall remain in force and the relevant provision shall be replaced without delay by a provision that most closely reflects the purpose of the original provision.

Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.

Any ambiguities concerning the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

ARTICLE 4 – THE OFFER

If an offer is subject to a limited period of validity or specific conditions, this shall be expressly stated in the offer.

All offers are non-binding. The Entrepreneur reserves the right to amend and modify offers.

The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the Consumer to make a proper assessment of the offer.

Where the Entrepreneur uses images, these shall provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the Entrepreneur.

All images and specifications are indicative only and shall not give rise to any claim for compensation or rescission of the agreement.

Product images shall provide a truthful representation of the products offered. The Entrepreneur cannot guarantee that the colours displayed exactly correspond to the actual colours of the products.

Each offer shall contain such information as is necessary for the Consumer to clearly understand the rights and obligations attached to acceptance of the offer.

The Consumer has the right to withdraw from the contract within a Cooling-off Period of 30 days without stating any reasons.

During the Cooling-off Period, the Consumer shall handle the product and its packaging with due care.

If the Consumer exercises the right of withdrawal, they shall return the product together with all supplied accessories and, where reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the Entrepreneur.

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.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the agreement shall be concluded at the moment the Consumer accepts the offer and fulfils 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 by the Entrepreneur, the Consumer may dissolve the agreement.

If the agreement is concluded electronically, the Entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure online environment. Where the Consumer is able to make electronic payments, the Entrepreneur shall observe appropriate security measures.

Within the limits of the law, the Entrepreneur may investigate whether the Consumer is able to fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the Entrepreneur has reasonable grounds not to enter into the agreement, the Entrepreneur is entitled to refuse an order or application, stating the reasons, or to attach special conditions to its execution.

The Entrepreneur shall provide the Consumer with the following information, in writing or in such a manner that it can be stored by the Consumer on a Durable Medium:

• The visiting address of the Entrepreneur’s establishment where the Consumer may submit complaints;
• The conditions under which and the manner in which the Consumer may exercise the Right of Withdrawal, or a clear statement concerning the exclusion of the Right of Withdrawal;
• Information regarding warranties and existing after-sales services;
• The information included in Article 4, paragraph 3 of these Terms and Conditions, unless already provided before performance of the agreement;
• The requirements for terminating the agreement if it has a duration exceeding one year or is of indefinite duration.

In the case of a Continuous Performance Contract, the provisions of the previous paragraph apply only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the Consumer has the option to dissolve the agreement without giving any reason within 30 days.

This Cooling-off Period shall commence on the day after the Consumer, or a representative designated by the Consumer and made known to the Entrepreneur, receives the product.

During the Cooling-off Period, the Consumer shall handle the product and packaging with due care. The Consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it.

If the Consumer exercises the Right of Withdrawal, they shall return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Entrepreneur.

If the Consumer wishes to exercise the Right of Withdrawal, they must notify the Entrepreneur within 30 days of receiving the product. Notification shall be made by means of a written statement or email.

After notifying the Entrepreneur of the intention to exercise the Right of Withdrawal, the Consumer must return the product within 30 days.

The Consumer must provide proof that the goods were returned on time, for example by means of proof of postage.

If the Consumer has not notified the Entrepreneur of their intention to exercise the Right of Withdrawal and/or has not returned the product after the expiry of the periods referred to above, the purchase shall become final.

ARTICLE 7 – COSTS IN THE EVENT 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 any amount, the Entrepreneur shall refund this amount as soon as possible, but no later than 30 days after withdrawal, provided that the product has already been received by the Entrepreneur or conclusive proof of complete return shipment has been provided.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The Entrepreneur may exclude the Consumer’s Right of Withdrawal for certain products as described below. Such exclusion shall only apply if the Entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the Right of Withdrawal is only possible for products:

• Manufactured according to the Consumer’s specifications;
• Clearly personal in nature;
• Which by their nature cannot be returned;
• Which are liable to deteriorate or expire rapidly;
• The price of which is subject to fluctuations in the financial market beyond the Entrepreneur’s control;
• Individual newspapers and magazines;
• Audio and video recordings and computer software where the Consumer has broken the seal;
• Hygienic products where the Consumer has broken the seal.

ARTICLE 9 – PRICE

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

Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no control, at variable prices. Such dependence on fluctuations and the fact that any prices stated are indicative prices shall be mentioned in the offer.

Price increases within three months after the conclusion of the agreement shall only be permitted if they result from statutory regulations or provisions.

Price increases after three months from the conclusion of the agreement shall only be permitted if the Entrepreneur has stipulated this and:

• They result from statutory regulations or provisions; or
• The Consumer has the right to terminate the agreement as of the date on which the price increase takes effect.

All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In the event of printing or typographical errors, the Entrepreneur shall not be obliged to supply the product at the incorrectly stated price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The Entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the legal provisions and/or government regulations existing on the date of conclusion of the agreement.

Where agreed, the Entrepreneur also guarantees that the product is suitable for purposes other than its normal intended use.

Any warranty provided by the Entrepreneur, manufacturer or importer shall not affect the statutory rights and claims that the Consumer may assert against the Entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 30 days of delivery. Returned products must be sent in their original packaging and in new condition.

The Entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the Entrepreneur shall never be responsible for the ultimate suitability of the products for any particular application by the Consumer, nor for any advice concerning the use or application of the products.

The warranty shall not apply if:

• The Consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions, handled negligently, or treated contrary to the Entrepreneur’s instructions and/or the instructions on the packaging;
• The defect is wholly or partly the result of government regulations concerning the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The Entrepreneur shall exercise the utmost care when receiving and executing orders for products.

Subject to the provisions of Article 4 of these Terms and Conditions, accepted orders shall be executed with due speed and, in any event, within 30 days, unless the Consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer shall be informed of this no later than 30 days after placing the order. In such cases, the Consumer shall have the right to terminate the agreement free of charge and shall be entitled to any compensation provided by law.

In the event of termination in accordance with the previous paragraph, the Entrepreneur shall refund the amount paid by the Consumer as soon as possible and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the Entrepreneur shall endeavour to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being supplied.

For replacement items, the Right of Withdrawal may not be excluded. The costs of any return shipment shall be borne by the Entrepreneur.

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

ARTICLE 12 – CONTINUOUS PERFORMANCE CONTRACTS: DURATION, TERMINATION AND RENEWAL

Termination

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

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

The Consumer may terminate the agreements referred to above:

• At any time and shall not be restricted to termination at a specific time or during a specific period;
• At least in the same manner as the agreement was entered into;
• Always with the same notice period as the Entrepreneur has stipulated for itself.

Renewal

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

Notwithstanding the previous paragraph, a fixed-term agreement relating to the regular delivery of daily newspapers, newspapers, weekly newspapers and magazines may be automatically renewed for a fixed period of up to three months, provided that the Consumer may terminate the renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement relating to the regular delivery of products or services may only be automatically renewed 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 where the agreement relates to the regular delivery of newspapers and magazines less than once per month.

A limited-duration introductory subscription for newspapers or magazines shall not be automatically continued and shall 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 reasonableness and fairness prevent termination before the end of the agreed duration.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, amounts owed by the Consumer must be paid within seven working days after the commencement of the Cooling-off Period referred to in Article 6, paragraph 1.

In the case of an agreement for the provision of services, this period shall commence after the Consumer has received confirmation of the agreement.

The Consumer has a duty to report any inaccuracies in payment details provided or stated to the Entrepreneur without delay.

In the event of non-payment by the Consumer, the Entrepreneur shall, subject to statutory limitations, be entitled to charge the reasonable costs previously communicated to the Consumer.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints regarding the performance of the agreement must be submitted to the Entrepreneur within seven days after the Consumer has identified the defect. Complaints must be fully and clearly described.

Complaints submitted to the Entrepreneur shall be answered within 14 days from the date of receipt.

If a complaint requires a foreseeably longer processing time, the Entrepreneur shall 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 by mutual agreement, a dispute shall arise that is subject to the dispute resolution procedure.

A complaint shall not suspend the Entrepreneur’s obligations unless the Entrepreneur states otherwise in writing.

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

ARTICLE 15 – DISPUTES

All agreements between the Entrepreneur and the Consumer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law.

This shall also apply if the Consumer resides outside the Netherlands.