In these Terms and conditions the following definitions are applicable:
Consideration time: the term during which the consumer can execute the right of withdrawal.
Consumer: the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.
Day: calendar day
A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.
Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.
Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.
Entrepreneur: the natural person or corporation who offers distance products to consumers.
Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.
Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.
These general terms and conditions apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.
Before the distance agreement is concluded, the text of the general terms and conditions is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general terms and conditions can be seen at the entrepreneur and on request of the consumer these general terms and conditions shall be sent to the consumer as soon as possible without extra costs.
If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general terms and conditions electronically and that these terms and conditions at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.
For the case that besides these general terms and conditions, specific product conditions are also applicable, the second and third article are mutatis and in case of conflicting terms and conditions the consumer can appeal on the relevant terms and conditions which are the most favorable for the consumer.
Article 4- Offer
If an offer has a limited validity or has other specifications, this will be emphatically mentioned.
The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to enable a proper consumers assessment of the products. The images used by the entrepreneur are true representations of the products. Obvious mistakes and errors do not bind the entrepreneur.
Each offer contains such information that it is clear for the consumer which rights and obligations are related to the offer when it is accepted by the consumer. This concerns in particular:
price inclusive taxes
possible costs of delivery
the manner in which the agreement has been concluded and the necessary signatures
whether to apply the right of withdrawal
the method of payment, delivery and performance of the contract
the deadline for accepting the offer or the period within which the entrepreneur guarantees the price
the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication
if the agreement after the conclusion is archived and if so how to consult it for the consumer
the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by him under the agreement
any other languages, including Dutch, for the agreement
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and
available sizes, colours and materials used.
Article 5- The Agreement
The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.
If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.
The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/request or he can connect special conditions to the execution of the offer.
The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:
The address of the company for the consumer to file complaints
The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
Information about after sales, guarantees and services
Article 4 paragraph 2 unless the entrepreneur has already sent this information before the execution of the agreement.
6. Each agreement is entered into under the suspensive conditions of sufficient availability of the products.
Article 6- Right of Withdrawal
After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.
During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur. You can find the form here.
Article 7- Withdrawal Costs
If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.
If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.
Article 8- Exclusion Right of Withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for the following products:
Which are established by the entrepreneur according to specifications of the consumer
That they are clearly personal in nature
that can not be returned due to hygienic reasons
Article 9- Pricing
During the validity period mentioned in the offer, the prices of the offered products shall not be raised except for price changes due to changing VAT rates.
The in the offer mentioned prices include VAT.
All prices are subject to typing errors. For the consequences of typing errors, no liability is accepted. When typing errors are made, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10- Conformity and Guarantees
The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.
Any defects or faulty goods must be notified in writing within 14 days after delivery to the entrepreneur. Return of goods must be in original packaging and in new condition.
The guarantee of the entrepreneur corresponds to the manufacturer's warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the oncusment, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired the products supplied themself and/or altered or has the products supplied repaired and/or altered by third parties;
The products supplied are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepeneur and/or on the packaging;
The defective in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11- Delivery and Execution
The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.
The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.
Taking into account what is stated in article 4 of the general terms and conditions, the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to possible compensation.
In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.
If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to have a replacement product available. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: email@example.com
Unless otherwise agreed, the amounts due have to be met by the consumer within 14 days after entering the cooling off period referred to article 6, paragraph 1.
The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.
In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.
Article 13- Complaints
The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to the entrepreneur after the consumer has observed the defects.
The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.
If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.
Article 14- Disputes
Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.