Article 1 Definitions

The following definitions apply in these terms and conditions:

Withdrawal period: the period within which the consumer may exercise the right of withdrawal;

Consumer: the natural person who does not act in the course of a profession or business and who concludes a distance contract with the trader;

Day: calendar day;

Continuing transaction: a distance contract that relates to a series of products and or services whose delivery and or purchase obligation is spread over a certain period of time;

Durable data carrier: any means that allows the consumer or trader to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Trader: the natural or legal person who offers products and or services to consumers at a distance;

Distance contract: a contract concluded within the framework of an organised system for distance selling of products and or services, whereby up to and including the conclusion of the contract only one or more means of distance communication are used;

Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being together in the same place at the same time.

General terms and conditions: these present general terms and conditions of the trader.

Article 2 Identity of the trader

Article 3 Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the 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, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the request of the consumer.

If specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting provisions, the consumer may always rely on the provision most favourable to them.

Should one or more provisions of these general terms and conditions at any time be wholly or partially invalid or void, the contract and these terms shall otherwise remain in effect, and the relevant provision shall be replaced without delay by a new provision that reflects the purpose of the original provision as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 The offer

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

The offer is non binding. The trader is entitled to change or amend 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 trader 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 trader.

All images, specifications and information in the offer are indicative and cannot be grounds for compensation or termination of the contract.

The images relating to the products are a true representation of the items offered. The trader cannot guarantee that the displayed colours exactly correspond to the actual colours of the products.

Each offer contains information that makes clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:

the price, excluding customs clearance charges and import VAT. These additional costs are at the customer’s expense and risk. The postal and or courier service will apply the special scheme for postal and courier services regarding imports. This scheme applies when the goods are imported into the destination country within the European Union, which is the case here. The postal and or courier service collects the VAT (whether combined with clearance charges or not) from the recipient of the goods;

any shipping costs;

the manner in which the agreement is concluded and what steps are required for that purpose;

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 during which the trader guarantees the price;

the rate for distance communication if it is calculated on a basis other than the regular base rate for the means of communication used;

whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer;

the manner in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them under the contract;

any other languages in which the contract may be concluded in addition to Dutch;

the codes of conduct to which the trader has submitted and how the consumer can consult these codes electronically; and

the minimum duration of the distance contract in the case of a continuing transaction.

Optional available sizes, colours, materials.

Article 5 The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

The trader may, within the limits of the law, obtain information on whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to conclude the agreement, they are entitled to refuse an order or application or to attach special conditions to the implementation with justification.

The trader shall provide the consumer with 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 data carrier, together with the product or service:

1. the address of the trader’s establishment where the consumer can submit complaints;

2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

3. information about existing after sales services and guarantees;

4. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;

5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.

Every contract is entered into subject to the condition of sufficient availability of the products concerned.

Article 6 Right of withdrawal

When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for a period of 14 days. This reflection period begins on the day after the consumer, or a representative previously designated by the consumer and made known to the trader, has received the product.

During the reflection period the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises the right of withdrawal, they shall return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days after receiving the product. The consumer must do this by means of a written message or email. After the consumer has indicated that they wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.

If the consumer has not expressed their wish to use the right of withdrawal or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible but no later than 14 days after the withdrawal. The condition for this is that the product has already been received by the trader or that conclusive proof of the complete return can be provided.

Article 8 Exclusion of the right of withdrawal

The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal shall apply only if the trader has clearly stated 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:

1. that are produced by the trader according to the specifications of the consumer;

2. that are clearly personal in nature;

3. that by their nature cannot be returned;

4. that can spoil or age quickly;

5. whose price depends on fluctuations in the financial market over which the trader has no influence;

6. for individual newspapers and magazines;

7. for audio and video recordings and computer software whose seal has been broken by the consumer;

8. for hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

1. concerning accommodation, transport, restaurant services or leisure activities to be carried out on a specific date or during a specific period;

2. whose performance has begun with the express consent of the consumer before the end of the reflection period;

3. concerning betting and lotteries.

Article 9 The price

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

By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This connection to fluctuations and the fact that the prices stated are target prices shall be mentioned in the offer.

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

Price increases from three months after the conclusion of the contract are only permitted if the trader has agreed to them and:

1. they result from statutory regulations or provisions; or

2. the consumer has the right to terminate the contract as of the day on which the price increase takes effect.

According to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, the delivery takes place outside the European Union. Consequently, the postal or courier service will collect the import VAT or clearance fees from the customer. Therefore, no VAT will be charged by the trader.

All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 Conformity and warranty

The trader 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 statutory provisions and or government regulations existing on the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than normal.

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.

Defects or incorrectly delivered products must be reported to the trader in writing within 14 days after delivery. The products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does 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 or otherwise handled carelessly or contrary to the trader’s instructions and or the packaging;

The defect is wholly or partly the result of regulations 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 trader shall exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has communicated to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders as soon as possible but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only be partially carried out, the consumer shall be informed of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the contract free of charge and the right to any compensation.

In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the consumer as soon as possible but no later than 14 days after termination.

If the delivery of an ordered product proves to be impossible, the trader shall make every effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the trader.

The risk of damage and or loss of products rests with the trader until the moment of delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 Continuing transactions duration, termination and renewal

Termination

The consumer may terminate an open-ended contract that was concluded for 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 contract that was concluded for 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 in the preceding paragraphs as follows:

at any time and not be limited to termination at a specific time or during a specific period;

at least in the same way as they were entered into by the consumer;

always with the same notice period that the trader has stipulated for themselves.

Renewal

A fixed-term contract that was concluded for the regular delivery of products including electricity or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract that was 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 this extended contract at the end of the extension period with a notice period of no more than one month.

A fixed-term contract that was concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months in the case of a contract for the regular but less than monthly delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines entered into as an introductory subscription trial or introductory offer shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract 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

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to report any inaccuracies in the payment data provided or stated to the trader without delay.

In the event of non payment by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs that have been communicated to the consumer in advance.

Article 14 Complaints procedure

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within seven days after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of fourteen days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the fourteen day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the obligations of the trader unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at their discretion, either 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 general terms and conditions apply, even if the consumer resides abroad.

Article 16 CESOP

Due to the measures introduced and tightened from 2024 regarding the Law amending the Turnover Tax Act 1968 Payment Service Providers Directive Implementation Act and thereby the introduction of the Central Electronic System of Payment information CESOP, payment service providers may register data in the European CESOP system.