Terms of use
List of contents
Article 1 - Definitions
Article 2 - Identity of the contractor
Article 3 - Application
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of right of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and guarantee
Article 11 - Delivery and execution
Article 12 - Duration of transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Supplementary or derogating provisions
Article 1 - Definitions
In these terms, the following definitions apply:
'withdrawal period' means the time within which the consumer may exercise his right of withdrawal.
Consumer: the natural person who is not acting for purposes relating to his trade, business or profession and who concludes a distance contract with the trader;
Day: calendar day;
Duration Transaction: a distance contract concerning a number of products and/or services whose delivery and/or purchase obligation is spread over time
Durable data carrier: any means enabling the consumer or the trader to store information addressed to him personally 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 withdrawal period;
Model form: the model form for the right of withdrawal made available by the entrepreneur, which a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more technologies of distance communication;
Remote communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur being gathered in the same room at the same time.
General terms and conditions: the current general terms and conditions of the entrepreneur.
Artikel 2 - Anvendelse
These general terms and conditions apply to every offer of the entrepreneur and to every remote agreement and order concluded between the entrepreneur and the consumer.
Prior to the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the conclusion of the distance contract that the general conditions can be inspected at the contractor's premises and will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, subject to the previous paragraph and before the conclusion of the contract, be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium. If this is not reasonably possible, it will be stated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If, in addition to these general terms and conditions, special product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most advantageous to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or have lost their validity, the agreement and these general terms and conditions will otherwise remain in force and the relevant provision will be replaced without delay by mutual agreement with a provision as close as possible to the meaning of the original provision.
Situations that are not regulated in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in accordance with the spirit" of these General Terms and Conditions.
Situations not specified in these General Terms and Conditions shall be assessed "in accordance with the spirit" of these General Terms and Conditions.
Situations not specified in these General Terms and Conditions shall be assessed "in accordance with the spirit" of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "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 will be explicitly stated in the offer.
The offer is non-binding. The contractor has the right to change 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 correct assessment of the offer. If the contractor uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
Images of products are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly correspond to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.
This applies in particular to:
Price excluding taxes;
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The contractor has the right to change 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 correct assessment of the offer. If the contractor uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be grounds for compensation or termination of the contract.
Images of products are a true representation of the products offered. The operator cannot guarantee that the colors shown exactly correspond to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This applies in particular to:
Price excluding taxes;
possible shipping costs
the manner in which the contract will be concluded and what measures are necessary for this
whether or not the right of withdrawal is applicable
the method 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 fee for distance communication if the cost of using the technology for distance communication is calculated on a basis other than the usual basic fee for the means of communication used;
whether the contract is archived after it has been concluded and, if so, how the consumer can access it;
How the consumer can check and, if desired, correct the information he has provided in connection with the contract before the conclusion of the contract;
All languages other than Dutch in which the contract can be concluded;
The codes of conduct to which the trader is subject and the way in which the consumer can access these codes of conduct electronically.
The minimum length of the distance contract for a longer transaction.
Article 5 - Agreements
Without prejudice to the provisions of clause 4, the contract is concluded at the moment the consumer accepts the offer and complies with its conditions.
If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to protect the electronic transmission of data and must 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 - inform himself whether the consumer can fulfill his payment obligations, as well as all the facts and factors that are of importance for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions to the execution, stating the reasons.
The entrepreneur will enclose the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's company where the consumer can address complaints;
The conditions and manner in which the consumer can exercise the right of withdrawal or, where applicable, clear information about being exempt from the right of withdrawal;
Information on guarantees and existing after-sales services;
The information included in article 4.3 of these general conditions, unless the trader has already provided the consumer with this information before the contract is fulfilled;
the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a duration contract, the provision in the previous paragraph only applies to the first delivery. Each contract is concluded subject to conditions precedent regarding sufficient availability of the relevant products.
Article 6 - Right of withdrawal
For the delivery of products:
When purchasing products, the consumer has the opportunity to withdraw from the agreement without giving reasons for 14 days. This cooling-off period begins the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the reflection 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 makes use of his right of withdrawal, he will return the product to the entrepreneur with all accompanying accessories and - if reasonably possible - in original condition and packaging in accordance with reasonable and clear instructions from the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify this to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form or via another means of communication such as e-mail. After the consumer has announced that he wishes to exercise his right of withdrawal, the consumer must return the goods within 14 days. The consumer must prove that the delivered goods have been returned in due time, for example by means of a proof of dispatch.
If the customer has not expressed a wish to exercise his right of withdrawal or has not returned the goods to the contractor after the expiry of the periods referred to in points 2 and 3, the purchase is a fact.
Upon delivery of services:
For the provision of services, the consumer has the right to cancel the contract without giving reasons for at least 14 days from the date of conclusion of the contract.
In order to exercise his right of withdrawal, the consumer must follow the reasonable and clear instructions given by the operator at the time of the offer and/or at the latest at the time of delivery.
Article 7 - Costs in case of
If the consumer exercises his right of withdrawal, he shall at most bear the costs of the return shipment.
If the consumer has paid an amount, the operator must refund this amount as soon as possible, but no later than 14 days after the right of withdrawal has been exercised. This is conditional on the product having already been returned or conclusive proof of full return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly accepts another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
The trader may exclude the consumer's right of withdrawal for products described in points 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly states this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
which have been manufactured by the entrepreneur in accordance with the consumer's specifications;
which are distinctly personal
which cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Exclusion of the right of withdrawal is only possible for services:
Exclusion of the right of withdrawal is only possible for services:
which relate to accommodation, transportation, catering or leisure activities to be performed on a specific date or during a specific period;
if delivery has commenced with the consumer's express consent before the withdrawal period has expired;
on betting and lotteries.
which have been created by the trader in accordance with the consumer's specifications;
which were created by the operator in accordance with the consumer's specifications;
which are clearly of a personal nature;
which cannot be returned due to their nature;
that spoil or age quickly;
whose price is subject to fluctuations in the financial market beyond the control of the entrepreneur;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products for which 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 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 context of fluctuations and that all prices mentioned are indicative prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory rules or regulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the contractor has determined this and:
they are the result of statutory rules or regulations, or
the consumer has the right to terminate the agreement on the day on which the price increase takes effect.
We reserve the right to make printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the goods at the incorrect price.
The prices stated in the offer for products or services are exclusive of VAT.
All prices are subject to printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the contractor is not obliged to deliver the goods at the incorrect price.
Article 10 - Compliance and warranty
The trader warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for soundness and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee from the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.
Any defects or incorrectly delivered products must be notified to the entrepreneur in writing no later than 2 months after delivery. The products must be returned in original packaging and in new condition.
The contractor's warranty period corresponds to the factory's warranty period. However, the contractor is never liable for the ultimate suitability of the products for each individual use by the consumer, or for advice regarding the use or application of the products.
The warranty does not apply if:
the consumer has repaired and/or altered the delivered products himself or had them repaired and/or altered by a third party
the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or treated contrary to the instructions of the contractor and/or on the packaging;
the inaccuracy is wholly or partly the result of rules that the government has laid down or will lay down regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
The entrepreneur must exercise the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
According to the Sales Tax Act of 1968 § 5, 1st paragraph, the delivery takes place in the country where the transportation begins. In this case, the delivery takes place outside the EU. Then the postal or courier company will collect import VAT or customs duties from the customer. The contractor will therefore not charge VAT.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders immediately, but no later than within 5/7 business days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 1/2 day after placing the order. In that case, the consumer is entitled to withdraw from the agreement free of charge. The consumer is not entitled to compensation.
All delivery conditions are indicative. The consumer cannot derive any rights from any of the conditions mentioned. Breach of a condition does not entitle the consumer to compensation.
In the event of withdrawal in accordance with paragraph 3 of this Article, the trader shall reimburse the amount paid by the consumer as soon as possible, but no later than within 14 days after the withdrawal.
If delivery of an ordered product proves impossible, the entrepreneur will try to deliver a replacement product. At the latest upon delivery, it will be clearly and clearly stated that a replacement product will be delivered. In the case of replacement goods, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the contractor.
The risk of damage and / or loss of products remains with the contractor until delivery to the consumer or a pre-designated representative and notified to the contractor, unless explicitly agreed otherwise.
Article 12 - Duration transactions: Duration, termination and extension
Termination
The consumer may terminate at any time an open-ended contract concluded for 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 terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term period in accordance with the applicable termination rules and a maximum notice period of one month .
The consumer may terminate the agreements referred to in the previous paragraphs:
terminated at any time and not limited to termination at a specific time or for a specific period;
at least conclude them in the same way as they were concluded by him;
always terminate with the same notice period as determined by the contractor himself.
Extension
A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specified period.
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 period of no more than three months, if the consumer can terminate the renewed contract against expiry of the renewal period with a notice period of no more than one month.
A fixed-term contract concluded for the regular supply of goods or services may only be extended by tacit consent for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract concerns the regular supply 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 in the form of an introduction (trial or introductory subscription) does not continue indefinitely and terminates automatically at the end of the trial or introductory period.
Duration
If an agreement lasts longer than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness militate against termination before the expiry of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts due must be paid by the consumer within 7 working days after the period of reflection referred to in Article 6.1 has begun to run. In the case of an agreement on the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in the payment information provided or mentioned to the contractor.
If the consumer does not pay, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs that have been notified in advance to the consumer.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and deals with complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur in full and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the contractor will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14 day period with a notification 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 arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the contractor's obligations, unless the contractor states otherwise in writing.
If a complaint is deemed justified by the contractor, the contractor will, at its own discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general conditions apply. Even if the consumer is resident abroad.
The Vienna Sales Convention does not apply.
Article 16 - Supplementary or other provisions
Additional provisions or provisions that deviate from these general conditions may not be detrimental to the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.