General Terms and Conditions

General Terms and Conditions

Article 1 - Definitions.

In these terms and conditions, the following definitions apply:

Withdrawal period: The period within which the consumer can exercise his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to waive the distance contract within the withdrawal period.
Entrepreneur: The natural or legal person who offers distance products and/or services to consumers.
Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Medium that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Right of withdrawal
The consumer has the right to revoke the agreement within a 30-day reflection period without giving reasons. During the reflection period, the consumer will handle the product and packaging with care.
If the consumer exercises his right of withdrawal, he will return the product with all delivered accessories and if possible in its original state, in accordance with reasonable instructions from the entrepreneur.

Article 3 - Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may 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 data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions are to 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 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 a proper assessment of the offer by the consumer.
If the entrepreneur 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 and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

• The cost of shipping, if any.
• The manner in which the agreement will be established and the actions required to do so.
• Whether or not the right of withdrawal applies.
• The method of payment, delivery and performance of the agreement.
• The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
• The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used.
• Whether the contract will be archived after its conclusion and, if so, in what way it can be accessed by the consumer.
• The manner in which the consumer, before the conclusion of the contract, can check the data provided by him under the contract and, if desired, rectify it.
• The other languages, if any, in which, in addition to English, the agreement may be concluded.
• The codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically.
• The minimum duration of the distance contract in the case of an endurance transaction.

Article 5 - The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, giving reasons.

The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

• The visiting address of the trader's establishment to which the consumer can address complaints.
• The conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal.
• The information about warranties and existing service after purchase.
• The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
• The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery. Each contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known 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 hewishes to keep the product.
If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message or e-mail.
After the consumer has expressed his desire to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered items were returned in a timely manner, for example by means of proof of shipment.
If the customer has not expressed his desire to exercise his right of withdrawal and/or has not returned the product to the entrepreneur after the expiration of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the cost of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after revocation. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be presented.

Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:
- Which have been created by the entrepreneur in accordance with consumer specifications.
- Which are clearly personal in nature.
- Which by their nature cannot be returned.
- Which can spoil or age quickly.
- The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence.
- For single newspapers and magazines.
- For media and video recordings and computer software for which the consumer has broken the seal.
- For hygienic products whose seal has been broken by the consumer.

Article 9 - The price
During the validity period stated 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.
Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer. Price increases within three months of the conclusion of the agreement are permitted only ifthey result from legal regulations or provisions.
Price increases from three months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

• These result from legal regulations or provisions.
• The consumer has the authority to terminate the agreement as of the day the price increase takes effect.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur 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 himself or had them repaired and/or modified by a third party.
• The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated.
• The inadequacy results in whole or in part from 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 will take the greatest possible care when receiving and executing orders for products. Subject to what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest 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 will be informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the agreement without cost and the right to possible compensation. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered.

For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.

The consumer may enter into the agreements mentioned in the previous paragraphs: - cancel at any time and shall not be limited to cancellation at any particular time or period;
- terminate at least in the same manner as they were entered into by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension
An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period of time.
Notwithstanding the previous paragraph, a fixed-term contract that has been entered into for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate 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 contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. A contract of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after purchase of the trial or introductory period.

Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding 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 a contract to provide a service, this period begins after the consumer receives the confirmation of the contract.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within seven days, after the consumer has identified the defects. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, the operator will respond within the 14-day period with a notice 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 that is amenable to the dispute resolution process. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at itsdiscretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Even if the consumer is a resident abroad.