General conditions

Article 1 – Definitions
In these conditions, the following terms and conditions shall apply:

Withdrawal period : the period during which the consumer can exercise his right of withdrawal;

Consumer : any natural person who acts for purposes which are outside his professional or commercial activity and who concludes 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 receipt obligation of which is spread over time;

Durable medium : any means that allows the consumer or the entrepreneur to store information intended for him in such a way as to allow future consultation and unchanged reproduction of the stored information;

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

Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;

Distance contract : a contract within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, where, until the conclusion of the contract, use is made exclusively of distance communication techniques;

Distance communication technique : any means which can be used to conclude a contract without the consumer and the entrepreneur being simultaneously in the same place;

General Conditions : these general conditions of the Contractor.

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Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract as well as to orders between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge upon request of the consumer as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically before the contract is concluded, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted and that they will be sent to the consumer free of charge, either electronically or by other means.
In the event that product or service-specific conditions apply in addition to these general terms and conditions, the second and third paragraphs also apply, and the consumer may always invoke the most favourable applicable provision in the event of conflicting general terms and conditions.
If any provision of these Terms and Conditions is cancelled or invalidated at any time, the Agreement and the Terms and Conditions shall remain in force to the extent that they are not affected by such cancellation, and the affected provision shall be replaced by a provision which, by mutual agreement, comes as close as possible to the original intention.
Situations that are not governed by these general conditions must be evaluated in accordance with the spirit of these general conditions.
Any ambiguities in the interpretation or content of any provision of our Terms shall be interpreted in accordance with the spirit of these Terms.

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Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur reserves the right to change and adapt 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 an honest assessment of the offer. If the entrepreneur uses images, these accurately represent the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to a complaint or cancellation of the contract.
The product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains sufficient information for the consumer to understand what rights and obligations he or she accepts by accepting the offer. This includes in particular:

• The price, excluding customs clearance fees and import taxes. These additional costs are the responsibility and risk of the consumer. The postal and/or courier service will benefit from the special regime for postal and courier services for imports. This regime applies when the goods are imported into the EU country where they are to be delivered. In this case, the post office and/or courier service will collect the VAT (possibly together with the customs clearance fees charged) from the recipient of the goods.
• Any delivery costs;
• The manner in which the contract is formed and the measures necessary in this regard;
• Whether the right of withdrawal exists or not;
• The terms of payment, delivery and execution of the contract;
• The period during which the offer is valid or the period during which the contractor guarantees the price;
• The amount of the remote communication costs if these costs are calculated on a basis different from the usual basic rate for the means of communication used;
• Whether the contract is archived after its conclusion and, if so, how the consumer can access it;
• The manner in which the consumer can check and correct the data he has provided before the conclusion of the contract;
• Other languages ​​in which the contract may be concluded, in addition to Dutch;
• The codes of conduct submitted by the entrepreneur and how the consumer can consult them electronically;
• The minimum duration of the distance contract in the event of a fixed-term transaction. Optional: sizes, colors, type of material available.

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Article 5 – The contract
The contract is concluded, subject to the provisions of Article 4, when the consumer accepts the offer and meets the conditions associated with it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance is not confirmed by the entrepreneur, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make an electronic payment, the entrepreneur will take appropriate security measures.
The entrepreneur may, within the limits of the law, inquire whether the consumer can meet his payment obligations and ensure that the relevant facts and factors are taken into account to conclude the distance contract responsibly. If, on the basis of this verification, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or to accept it under special conditions.
The entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can easily store it on a durable medium:
a. the address of the place where the consumer can submit his complaints;
b. the conditions and modalities of the exercise of the right of withdrawal, or a clear notification concerning the absence of right of withdrawal;
c. information on warranties and after-sales services;
d. the information referred to in Article 4, paragraph 3, unless it has already been provided to the consumer before the execution of the contract;
e. the conditions for terminating the contract if it lasts more than one year or is of indefinite duration.
In the case of a fixed-term contract, this provision only applies to the first delivery.
Each contract is concluded subject to the suspensive condition of the availability of the products concerned.

Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This period begins on the day after receipt of the product by the consumer or by a representative designated by him and communicated to the seller.
During the withdrawal period, the consumer must handle the product and its packaging with care. He must only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If the consumer exercises his right of withdrawal, he must return the product with all its accessories and, as far as possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the seller.
If the consumer wishes to exercise his right of withdrawal, he must inform the seller in writing or by e-mail within 14 days of receipt of the product. Once the right of withdrawal has been exercised, the consumer must return the product within 14 days. The consumer must prove that the items have been returned on time, for example by providing proof of shipment.
If the consumer does not make known that he wishes to exercise his right of withdrawal within the time limits provided for in paragraphs 2 and 3, or if the product is not returned to the seller, the purchase becomes final.

Article 7 – Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.
If the consumer has paid an amount, the seller must refund this amount as soon as possible, but at the latest within 14 days of withdrawal. However, this depends on the condition that the product has been returned or that complete proof of postage is provided.

Article 8 – Exclusion of the right of withdrawal
The seller may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the seller has clearly stated this in the offer, at least before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
a. manufactured by the seller according to the consumer's specifications;
b. having a clearly personal nature;
c. which cannot be returned due to their nature;
d. which may deteriorate rapidly or expire;
e. whose price is subject to fluctuations on financial markets that the seller does not control;
f. for newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal;
h. for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is also possible for the services:
a. relating to accommodation, transportation, catering or recreation to be provided on a specific date or during a specific period;
b. the performance of which has begun with the express agreement of the consumer before the expiry of the withdrawal period;
c. 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, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the seller may offer products or services whose prices are subject to fluctuations on the financial markets and which the seller does not control, with variable prices. These fluctuations and the fact that the prices are indicative will be specified in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are based on legal provisions or regulations.
Price increases beyond 3 months after the conclusion of the contract are only permitted if the seller has consented to them and:

• they arise from legal provisions or regulations; or
• The consumer has the right to terminate the contract from the day the price increase comes into effect.
  The place of delivery is based on Article 5, paragraph 1 of the VAT Act 1968, in the country where the transport begins. In this case, the delivery is made outside the EU. The postal service or carrier will collect the import tax or customs clearance fees from the customer. No VAT will be charged to the seller.
  All prices are subject to printing or typographical errors. The seller is not responsible for the consequences of printing or typographical errors. In the event of an error, the seller is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The seller guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of quality and/or suitability and the legal and/or regulatory provisions in force on the date of conclusion of the contract. If agreed, the seller also guarantees that the product is suitable for a use other than the usual one.
A warranty provided by the seller, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the seller under the contract.
Defects or incorrectly delivered products must be reported to the seller in writing within 14 days of delivery. The return of the products must be in their original packaging and in perfect condition.
The seller's warranty period corresponds to the manufacturer's warranty period. However, the seller is in no way responsible for the suitability of the products for a specific use by the consumer, nor for 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 or had these products repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have been mistreated or used contrary to the seller's instructions and/or the packaging;
• The defect is due in whole or in part to regulations imposed by the authorities concerning the nature or quality of the materials used.

Article 11 – Delivery and execution
The Seller will take the utmost care when receiving and fulfilling product orders.
The place of delivery is the address communicated by the consumer to the seller.
In accordance with Article 4 of these general terms and conditions, the seller will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed or if an order cannot be executed, in whole or in part, the consumer will be informed within 30 days of the order. The consumer then has the right to terminate the contract free of charge and can request compensation.
In the event of termination, the seller will reimburse the amount paid by the consumer as soon as possible, at the latest within 14 days following termination.
If delivery of an ordered product is not possible, the seller will do everything possible to provide a replacement product. Upon delivery, it will be clearly indicated that a replacement product is being delivered. In the case of replacement products, the right of withdrawal cannot be excluded. The return costs will be borne by the seller.
The risk of damage and/or loss of the products rests with the seller until delivery to the consumer or his designated representative, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Termination
The consumer may terminate a contract concluded for an indefinite period and aimed at the regular supply of products (including electricity) or services, at any time, in compliance with the agreed termination rules and a notice period not exceeding one month.
The consumer may also terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time before the end of the fixed term, in compliance with the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts mentioned in the preceding paragraphs:

• at any time, without being limited to termination at a specific time or period;
• at least in the same manner as they were concluded;
• always respecting the same notice period as that agreed by the contractor for himself.

Extension
A fixed-term contract, aimed at the regular supply of products (including electricity) or services, cannot be tacitly extended or renewed for a fixed period.
However, with the exception of the preceding paragraph, a fixed-term contract for the regular supply of newspapers, magazines and periodicals may be tacitly extended for a maximum period of three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period not exceeding one month.
A fixed-term contract for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period not exceeding one month, and a notice period not exceeding three months in the case of a contract for the regular supply, but less than once a month, of newspapers, magazines and periodicals.
A limited term contract for the provision of a trial or discovery subscription to newspapers, magazines and periodicals will not be tacitly renewed and will terminate automatically at the end of the trial or discovery period.

Duration
If a contract has a term of more than one year, the consumer may terminate it at any time after one year, with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

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Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of a contract for the provision of services, this period begins from the receipt of the confirmation of the contract by the consumer.
The consumer has the obligation to immediately report to the entrepreneur any errors in the payment information provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur, subject to legal restrictions, is entitled to charge reasonable costs which he has previously communicated to the consumer.

Article 14 – Complaints management
Complaints regarding the execution of the contract must be submitted in writing and in a complete and clear manner to the entrepreneur within 7 days of the discovery of the defects by the consumer.
Complaints submitted to the Contractor will be processed and responded to within 14 days of receipt.
If a complaint requires a longer processing time, the contractor will respond within 14 days with an acknowledgement of receipt and an estimated time for a more detailed response.
If the complaint cannot be resolved amicably, it will give rise to a dispute subject to the dispute resolution procedure.
A claim does not suspend the contractor's obligations unless otherwise indicated in writing by the contractor.
If the complaint is found to be justified, the contractor will choose to replace or repair the products supplied free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.