General Terms And Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
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Reflection Period: The period during which the consumer may exercise their right of withdrawal.
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Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
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Day: Calendar day.
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Duration Transaction: A distance contract concerning a series of products and/or services, where the delivery and/or acquisition obligation is spread over time.
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Durable Medium: Any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
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Right of Withdrawal: The consumer’s right to withdraw from the distance contract within the reflection period.
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Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
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Distance Contract: A contract concluded within the framework of a system organized by the entrepreneur for selling products and/or services at a distance, whereby up to and including the conclusion of the contract, only one or more techniques for distance communication are used.
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Technique for Distance Communication: Means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same location.
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General Terms and Conditions: These General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a reflection period of 30 days without giving any reason. During this period, the consumer must handle the product and its packaging with care.
If the consumer exercises their right of withdrawal, they must return the product with all delivered accessories and, if reasonably possible, in its original condition, following the reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the consumer will be informed before the contract is concluded that the terms and conditions can be viewed at the entrepreneur and will be sent free of charge at the consumer’s request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically to the consumer in a manner that allows the consumer to easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
If specific product or service terms also apply, the provisions above apply accordingly, and in the event of conflicting terms, the consumer may rely on the provision most favorable to them.
If any provision of these terms and conditions is void or annulled, the remaining provisions remain in effect. The invalid provision will be replaced by a provision that approximates the original intent as closely as possible.
Situations not covered in these terms shall be assessed according to the spirit of these terms. Any ambiguities in interpretation shall also be resolved in accordance with the spirit of these terms.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer. All offers are non-binding. The entrepreneur reserves the right to modify or adjust offers.
Offers contain a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly.
Images used are intended to represent the products or services accurately. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images and specifications are indicative and cannot give rise to compensation or termination of the contract.
Product images are intended to accurately represent the products. The entrepreneur does not guarantee that displayed colors match the actual product colors exactly.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer, including:
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Any delivery costs.
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How the contract will be concluded and the actions required.
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Whether the right of withdrawal applies.
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Methods of payment, delivery, and execution of the contract.
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The period for acceptance of the offer and price guarantees.
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The cost of using distance communication if different from the standard rate.
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Whether the contract will be archived and how the consumer may access it.
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How the consumer may verify and correct any data provided before concluding the contract.
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Other available languages of the contract.
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Codes of conduct to which the entrepreneur adheres and how the consumer can access them electronically.
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Minimum duration of distance contracts in case of duration transactions.
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Optional: available sizes, colors, and materials.
Article 5 – The Contract
The contract is concluded when the consumer accepts the offer and fulfills the conditions set forth.
If the offer is accepted electronically, the entrepreneur will immediately confirm receipt electronically. Until confirmation is sent, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure data transmission and ensure a safe web environment. Payment methods will also be secured appropriately.
The entrepreneur may verify the consumer’s ability to meet payment obligations and other relevant factors. If reasonable grounds exist, the entrepreneur may refuse or conditionally accept the order.
The following information will be provided to the consumer with the product or service, either in writing or in a manner storable on a durable medium:
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Address for complaints.
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Terms and procedures for exercising the right of withdrawal.
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Warranty and after-sales service information.
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Information as in Article 4, unless already provided before execution.
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Termination requirements for contracts longer than one year or of indefinite duration.
For duration transactions, this requirement applies to the first delivery only. Contracts are conditional on sufficient product availability.
Article 6 – Right of Withdrawal (Products)
Consumers may withdraw from the contract for products within 30 days without giving reasons. This period starts the day after the consumer or an authorized representative receives the product.
During this period, the product and packaging must be handled carefully. The product may only be unpacked or used as necessary to assess whether the consumer wishes to keep it.
If the consumer exercises their right of withdrawal, the product must be returned with all accessories and, if reasonably possible, in its original condition and packaging, following clear instructions.
The consumer must notify the entrepreneur within 30 days of their intention to withdraw. After notification, the product must be returned within 30 days, with proof of shipment if required.
If the consumer does not notify or return the product within these periods, the purchase is finalized.
Article 7 – Costs of Withdrawal
Costs of returning products under the right of withdrawal are borne by the consumer.
Refunds will be made as soon as possible, but no later than 30 days after withdrawal, provided the product has been received or proof of shipment is provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products, provided this is clearly stated in the offer before the contract is concluded.
Exclusions apply to products:
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Made according to consumer specifications.
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Clearly personalized.
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Unsuitable for return due to nature.
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Perishable or quickly aging.
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Whose price depends on financial market fluctuations beyond the entrepreneur’s control.
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Newspapers or magazines.
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Media, software, or hygiene products whose seal has been broken.
Article 9 – Prices
Prices are fixed during the offer period, except for VAT changes.
Products or services subject to market price fluctuations may be offered at variable prices, with this clearly stated.
Price increases within three months of the contract are allowed only by law. After three months, increases are only permitted if agreed and the consumer may terminate the contract from the day the increase applies.
All prices are subject to typographical errors. The entrepreneur is not obliged to deliver at incorrect prices.
Article 10 – Conformity and Warranty
Products/services conform to the contract, advertised specifications, reasonable quality requirements, and legal provisions.
Manufacturer warranties do not affect the consumer’s statutory rights.
Defects must be reported within 30 days. Returns must be in original packaging and in new condition.
Warranty does not apply if:
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The consumer repaired or altered the product.
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Products were exposed to abnormal conditions or misused.
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Defects are due to governmental regulations.
Article 11 – Delivery and Execution
The entrepreneur will handle orders with care and execute them within 30 days unless a longer term is agreed.
If delivery is delayed, the consumer will be informed within 30 days and may terminate the contract without cost. Refunds will be made within 30 days.
For replacements, the right of withdrawal applies. Return costs are borne by the entrepreneur. Risk of loss/damage remains with the entrepreneur until delivery to the consumer or authorized representative.
Article 12 – Duration Transactions
Termination: Contracts of indefinite or fixed duration may be terminated by the consumer with a maximum notice of one month, following agreed rules.
Extension: Fixed-term contracts cannot be extended silently, except for newspapers/magazines for up to three months, terminable by one month’s notice.
Duration: Contracts longer than one year may be terminated after one year with one month’s notice unless fairness dictates otherwise.
Article 13 – Payment
Amounts owed must be paid within seven days after the reflection period begins, unless otherwise agreed.
For services, the term starts after confirmation. Consumers must promptly report incorrect payment details. In case of non-payment, reasonable costs may be charged.
Article 14 – Complaints Procedure
Complaints must be submitted in writing within seven days of discovering defects.
Responses will be given within 14 days. If a longer process is needed, the consumer will be informed of expected timing.
If unresolved, disputes are subject to the dispute resolution process.
Grounded complaints will result in repair or replacement free of charge.
Article 15 – Disputes
Dutch law applies exclusively to contracts between the entrepreneur and the consumer, even if the consumer resides abroad.