Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who does not act for purposes relating to their trade, business, or profession and who enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Long-term means of communication: means that allow the consumer or entrepreneur to store information directed to them personally in a way that allows future consultation and unchanged 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 products and/or services to consumers at a distance;
  • Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use of one or more means of distance communication is used leading up to and including the conclusion of the contract;
  • Means of distance communication: a tool that can be used to conclude a contract without the simultaneous physical presence of the consumer and the entrepreneur;
  • General Terms and Conditions: the present 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 concluded and orders between the entrepreneur and the consumer.

If the distance contract is concluded electronically, in deviation of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be electronically consulted and that they will be sent to the consumer free of charge upon request.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled 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 proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match 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 the acceptance of the offer. This concerns in particular:

  • The possible costs of delivery;
  • The way in which the contract will be concluded and what actions are necessary for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and performance of the contract;
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • The amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication means used;
  • Whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
  • How the consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, correct it;
  • The possible other languages in which, besides Dutch, the contract can be concluded;
  • The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically;
  • And the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the 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 organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.

Within the limits of the law, the entrepreneur may inquire whether the consumer is able to meet their payment obligations, as well as all those facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur shall send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service to the consumer:

  • The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information about guarantees and existing after-sales service;
  • The price including all taxes of the product, service, or digital content;
  • The cost of delivery, and the method of payment, delivery, or performance of the distance contract;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product without giving any reasons for a cooling-off period of at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot oblige them to state their reason(s).

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

  • If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided that they have clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
  • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
  • For contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content that is not delivered on a physical medium:

The consumer can dissolve an agreement for services or an agreement for the supply of digital content that is not delivered on a physical medium without giving any reasons during at least 14 days. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot oblige them to state their reason(s).

The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content that has not been delivered on a physical medium in case no information about the right of withdrawal is provided:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 7 – Consumer obligations during the cooling-off period

During the cooling-off period, the consumer will 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. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.

The consumer is only liable for the decrease in value of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercising the consumer’s right of withdrawal and the costs thereof

If the consumer exercises their right of withdrawal, they will notify the entrepreneur within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (a representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.

The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs for returning the product.

If the consumer withdraws after first having explicitly requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale be commenced in a limited volume or a given quantity during the cooling-off period, the consumer is the entrepreneur an amount equal to the part of the obligation already performed at the time of withdrawal in relation to the full compliance with the obligation.

The consumer does not bear any costs for the performance of services or the supply of water, gas, or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

  • The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model form for withdrawal; or
  • The consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.

The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a physical medium if:

  • Prior to delivery, they have not explicitly consented to the commencement of the performance of the agreement before the end of the cooling-off period;
  • They have not acknowledged losing their right of withdrawal when giving consent; or
  • The entrepreneur has failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, they shall immediately send a return receipt.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer demonstrates they have returned the product, whichever comes first.

For the reimbursement, the entrepreneur uses the same payment method that the consumer used, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  • Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is present in person or is given the opportunity to be present in person at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
  • Service agreements, after full performance of the service, but only if:
    • The performance has started with the consumer's explicit prior consent; and
    • The consumer has declared that they will lose their right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  • Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  • Products that spoil quickly or have a limited durability;
  • Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  • Products which, after delivery, are irrevocably mixed with other products after delivery. 

Article 11 – The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services at variable prices whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer must refer to this link with fluctuations and the fact that any mentioned prices are target prices.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

  • They are the result of statutory regulations or provisions; or
  • The consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are inclusive of VAT.

Article 12 – Compliance and extra guarantees

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

An extra guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill their part of the agreement.

An extra guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event that the entrepreneur has failed to fulfill their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is deemed to be the address that the consumer makes known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after they have placed the order.

In that case, the consumer has the right to terminate the agreement without any costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated by the consumer and announced to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination, and extension

Termination:

The consumer may terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.

The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, subject to the agreed termination rules and a notice period of up to one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

  • At any time and not be limited to termination at any particular time or during a certain period;
  • At least in the same way as they have been concluded by them;
  • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

An agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.

Contrary to the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement that has been concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel it at any time with a notice period of up to one month and a notice period of up to three months in the event that the agreement extends to the regular but less than once a month delivery of daily, weekly, and periodical newspapers and magazines.

An agreement with limited duration to the regular delivery of trial papers (trial or introductory subscription) will not be tacitly continued and will end automatically at the end of the trial or introductory period.

Notice period:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month unless reasonableness and fairness resist the termination before the end of the agreed term.