Terms and Conditions
Note: No rights can be derived from these terms. If you are unsure about any part of this document, please consult a legal professional.
Article 1 – Definitions
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Cooling-off period: the period during which the consumer may exercise the right of withdrawal.
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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 trader.
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Long-term transaction: a distance contract concerning a series of products and/or services for which the delivery and/or purchase obligation is spread over time.
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Durable data carrier: any tool that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
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Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
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Trader / Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
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Distance contract: a contract concluded within a system organized by the trader for distance selling of products and/or services, whereby up to and including the moment the contract is concluded, exclusive use is made of one or more technologies for distance communication.
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Technology for distance communication: a means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same space.
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General Terms & Conditions: these General Terms & Conditions of the trader.
Article 3 – Applicability
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These terms apply to every offer from the trader and to every distance contract and order concluded between the trader and the consumer.
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Prior to the conclusion of a distance contract, 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 how the terms can be inspected and that they will be sent free of charge as soon as possible at the consumer’s request.
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If the distance contract is concluded electronically, the text of these terms may be provided electronically in such a way that the consumer can store them on a durable data carrier. If this is not reasonably possible, the trader will indicate where the terms can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
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If, in addition to these terms, specific product or service conditions apply, those conditions apply as well. In case of conflicting conditions, the consumer may rely on the provision most favorable to them.
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If any provision of these terms is null or annulled, the remaining provisions remain in force. The void provision will be replaced by a valid provision that approximates the original intent as closely as possible.
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Situations not covered by these terms and ambiguities about their interpretation will be assessed “in the spirit” of these terms.
Article 4 – The Offer
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If an offer has a limited validity period or is made under conditions, this will be expressly stated.
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The offer is non-binding; the trader may change or adjust the offer.
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The offer contains a complete and accurate description of the products/services offered to enable a proper assessment by the consumer. If images are used, they represent the products/services truthfully. Obvious mistakes or errors do not bind the trader.
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All images/specifications are indicative and cannot give rise to compensation or dissolution. Color deviations may occur.
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The offer clearly states the consumer’s rights and obligations upon acceptance, including:
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the total price including taxes;
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any shipping costs;
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how the contract is concluded and which steps are required;
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whether the right of withdrawal applies;
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method of payment, delivery, and performance;
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the period for accepting the offer or the period during which the price is honored;
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the rate for distance communication if different from the basic rate;
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whether the contract will be archived and, if so, how it can be consulted by the consumer;
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how the consumer can check and, if necessary, correct the information provided;
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available languages (in addition to English/Dutch) for concluding the contract;
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codes of conduct the trader subscribes to and how the consumer can consult them electronically;
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the minimum duration of a long-term contract;
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Optional: available sizes, colors, materials.
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Article 5 – The Contract
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Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the associated conditions.
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If the consumer has accepted the offer electronically, the trader will confirm receipt of acceptance without delay by electronic means. As long as receipt has not been confirmed, the consumer may dissolve the contract.
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If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
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The trader may, within legal limits, obtain information about whether the consumer can meet their payment obligations, as well as facts and factors important for responsibly concluding the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they may refuse an order or request, or attach special conditions to performance.
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The trader will provide the consumer, in writing or on a durable data carrier, the following information with the product/service:
a. the trader’s physical business address for complaints;
b. the conditions under which and the method by which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
c. information on warranties and after-sales service;
d. the information referred to in Article 4(5), unless already provided before performance;
e. the requirements for terminating long-term contracts. -
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
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Every contract is concluded subject to sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
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When purchasing products, the consumer has the right to dissolve the contract without giving reasons within 14 days. The cooling-off period starts on the day after the consumer, or a representative designated by the consumer, has received the product.
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During the cooling-off period, the consumer shall handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If exercising the right of withdrawal, the consumer will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging, following the reasonable and clear instructions provided by the trader.
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If the consumer wishes to use the right of withdrawal, they must notify the trader within 14 days of receipt via a written message/email. After notification, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time (e.g., by proof of shipment).
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If the consumer has not notified the trader within the time limits above and/or has not returned the product, the purchase is final.
Article 7 – Costs in Case of Withdrawal
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If the consumer exercises the right of withdrawal, the direct return shipping costs are borne by the consumer.
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If the consumer has already paid an amount, the trader will refund this as soon as possible and no later than 14 days after withdrawal, provided the returned product has been received by the trader or conclusive proof of complete return shipment has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
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The trader may exclude the right of withdrawal for the products/services described below, only if this was clearly stated in the offer or at least in good time before the conclusion of the contract.
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Exclusion is possible for products:
a. made to the consumer’s specifications;
b. clearly personal in nature;
c. which by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price depends on financial market fluctuations beyond the trader’s control;
f. newspapers and magazines (single issues);
g. audio/video recordings and computer software with a broken seal;
h. hygienic products with a broken seal. -
Exclusion is possible for services:
a. regarding accommodation, transport, restaurant or leisure activities on a specific date or during a specific period;
b. that began with the consumer’s express consent before the cooling-off period ended;
c. concerning betting and lotteries.
Article 9 – Pricing
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During the validity period stated in the offer, the prices of the products/services offered will not be increased, except for VAT changes.
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Contrary to the previous paragraph, the trader may offer products/services whose prices are subject to financial market fluctuations beyond the trader’s control at variable prices; this dependence and any target prices will be stated in the offer.
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Price increases within three months after the contract is concluded are only permitted if due to statutory regulations.
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Price increases after three months are only permitted if agreed and:
a. they result from statutory regulations; or
b. the consumer may terminate the contract as of the day on which the price increase takes effect. -
The prices mentioned in the offer of products or services are inclusive of VAT.
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All prices are subject to printing and typographical errors. No liability is accepted for consequences of such errors, and the trader is not obliged to deliver at the erroneous price.
Article 10 – Conformity and Warranty
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The trader guarantees that the products/services comply with the contract, the specifications in the offer, reasonable requirements of reliability/usability, and statutory provisions/regulations in force on the date the contract was concluded. If agreed, the trader also guarantees suitability for use other than normal.
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Any warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the trader.
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Defects or incorrectly delivered products must be reported to the trader within 14 days after delivery. Returns must be sent in the original packaging and in new condition.
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The trader’s warranty period corresponds to the manufacturer’s warranty. The trader is never responsible for the ultimate suitability of the products for each individual application nor for any advice regarding use or application.
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The warranty does not apply if:
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the consumer repaired/modified the products themselves or had them repaired/modified by third parties;
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the products have been exposed to abnormal conditions, treated carelessly, or contrary to instructions on the packaging/from the trader;
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the defect is wholly/partly the result of regulations concerning the nature or quality of materials imposed or to be imposed by authorities.
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Article 11 – Delivery and Performance
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The trader will take the greatest possible care in receiving and executing product orders.
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The place of delivery is the address the consumer has provided to the trader.
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Subject to Article 4, accepted orders will be executed with due speed but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer may dissolve the contract free of charge and is entitled to any refund.
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In the event of dissolution as per the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible and no later than 14 days after dissolution.
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If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement item available. No later than at delivery, it will be clearly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Return costs in such case are borne by the trader.
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The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated by the consumer, unless expressly agreed otherwise.
Article 12 – Long-Term Transactions: Duration, Termination, Renewal
Termination
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The consumer may terminate an indefinite contract for the regular supply of products (including electricity) or services at any time with due observance of agreed termination rules and a notice period of no more than one month.
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The consumer may terminate a fixed-term contract for the regular supply of products/services at the end of the fixed term with due observance of agreed termination rules and a notice period of no more than one month.
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The consumer may:
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terminate at any time and not be restricted to termination at a specific time or period;
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terminate in the same manner as the contract was concluded;
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always terminate with the same notice period as the trader has stipulated for themselves.
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Renewal
4. A fixed term contract for the regular supply of products/services may not be tacitly renewed for a fixed duration.
5. By way of exception, fixed term contracts for the regular supply of daily/weekly newspapers and magazines may be tacitly renewed for a maximum of three months, provided the consumer can terminate at the end of the renewal with a notice period of no more than one month.
6. A fixed-term contract for the regular supply of products/services may only be tacitly renewed for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month (no more than three months if delivery is less than once a month).
7. A limited-duration introductory subscription to newspapers/magazines will not be tacitly continued and ends automatically after the introductory period.
Duration
8. If a contract lasts longer 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 duration.
Article 13 – Payment
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Unless otherwise agreed, amounts due by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6(1). For service contracts, this period starts after the consumer has received the confirmation of the contract.
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The consumer must promptly report inaccuracies in provided or stated payment details to the trader.
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In case of non-payment by the consumer, the trader, subject to legal limitations, is entitled to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
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Complaints about the execution of the contract must be submitted to the trader within 7 days after the consumer discovered the defects, fully and clearly described.
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Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
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If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
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A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
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If a complaint is found to be justified, the trader will, at their option, replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to contracts between the trader and the consumer to which these terms relate, even if the consumer resides abroad