General terms and conditions
Article 1 - Definitions
For the purposes of these provisions, the following terms shall have the following meanings:
Return period: the period within which the consumer can exercise his right of withdrawal. Consumer: a natural person, not acting in a professional capacity, who enters into a distance contract with the seller. Day: A calendar day. Contract for a definite period: a distance contract that provides for the gradual delivery of goods and/or services. Durable medium: any medium that enables the customer or seller to store information in such a way that it remains accessible and can be reproduced unchanged. Right of withdrawal: The customer's right to withdraw from the contract within the return period. Entrepreneur: A natural or legal person who offers goods and/or services to consumers at a distance. Distance contract: A contract that is concluded using distance communication technology without the customer and seller being physically present at the same time. Distance communication technology: any means that can be used to conclude a contract without the customer and seller being physically present at the same time. General terms and conditions: The standard terms and conditions of the seller.
Article 2 - Identity of the seller
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Article 3 - Applicability
These General Terms and Conditions apply to every offer made by the Seller and to every distance contract and order between the Seller and the Customer. The general terms and conditions are made available to the customer before the distance contract is concluded.
Article 4 - The offer
If an offer has a limited period of validity or is subject to certain conditions, this will be clearly stated. The offer contains a complete and accurate description of the products and/or services offered. Obvious errors in the offer do not bind the seller. Illustrations, specifications and information in the offer are for illustrative purposes only and do not give rise to any right to compensation or dissolution of the agreement.
Article 5 - The contract
The agreement is concluded when the customer accepts the offer and fulfills the necessary conditions. In the event of electronic acceptance, the seller will immediately confirm receipt of the acceptance electronically. As long as the receipt of the acceptance has not been confirmed, the customer can dissolve the contract. The seller shall take appropriate measures to protect electronic data transmission.
Article 6 - Right of withdrawal
When purchasing products, the customer has the right to withdraw from the contract within 30 days without giving any reason. The period begins on the day after the customer receives the product. During this period, the customer must handle the product and packaging with care and only unpack or use it to the extent necessary to decide whether to keep the product. The customer must notify the seller in writing or by e-mail of his intention to exercise his right of withdrawal within 30 days of receipt of the product. After this notification, the customer has a further 30 days to return the product and provide proof of timely shipment. In the absence of notification or return within the established deadlines, the purchase will be considered final.
Article 7 - Cancellation costs
In the event of exercising the right of withdrawal, the consumer shall bear the costs of returning the product. The entrepreneur will refund the amount paid by the consumer within 5 days of receipt of the return shipment, provided that the product has been returned in full or that there is sufficient proof of complete return.
Article 8 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for certain products, provided that this is clearly and promptly stated in the offer before the contract is concluded. This applies in particular to customized products, personal items, non-returnable or perishable goods, products with price fluctuations on the financial market, opened audio and video recordings, software and hygiene products whose packaging has been opened. Also excluded are services with specific terms or services that have already begun with the consumer's consent before the end of the withdrawal period, as well as bets and lotteries.
Article 9 - Prices
During the period of validity of the offer, the prices of products and services will not be increased, except for changes in VAT rates. Price increases within 3 months of the conclusion of the agreement are only permitted if they are required by law. After 3 months, price increases are only permitted if the consumer agrees or has the right to terminate the contract. Deliveries outside the EU may be subject to customs duties or administrative costs by the postal or courier services. Printing errors remain reserved and the entrepreneur is not obliged to deliver products at an incorrect price.
Article 10 - Conformity and guarantee
The entrepreneur guarantees that the products and services comply with the agreement, the specifications stated in the offer and the usual standards of quality and use and the legal provisions. Defects must be reported in writing within 30 days of delivery. The warranty period corresponds to the manufacturer's warranty and the entrepreneur is not liable for the suitability of the products for specific applications or purposes. The warranty is void in the event of self-repairs, improper use, exposure to unsuitable conditions or breaches of regulations.
Article 11 - Delivery and execution
The entrepreneur undertakes to accept and execute orders for products with the utmost care. Delivery will take place within 30 days, unless otherwise agreed. Delays or incomplete execution will be communicated to the consumer no later than 30 days after the order. In the event of delays or incomplete execution, the consumer has the right to terminate the contract free of charge and to receive compensation. In the event of termination, the entrepreneur will refund the amount paid within 5 days of termination. In case of impossibility to deliver an ordered product, the entrepreneur will try to propose a replacement item, which will be clearly stated upon delivery. The right of withdrawal also applies to replacement items and any return costs are borne by the entrepreneur. The risk of damage or loss of the products remains with the entrepreneur until delivery, unless otherwise agreed.
Article 12 - Contracts for a definite period: duration, termination and renewal
A contract with an indefinite duration that is aimed at the regular delivery of products (including electricity) or services can be terminated by the consumer at any time in accordance with the agreed termination conditions with a maximum notice period of one month. A contract with a fixed term for the regular delivery of products or services may be terminated by the consumer at the end of the agreed period in accordance with the agreed termination conditions with a maximum notice period of one month. Both types of contract can be terminated at any time under the conditions set by the entrepreneur.
A contract with a fixed term for the regular delivery of products or services is not automatically renewed for a fixed term. An exception applies to contracts for the regular delivery of newspapers, magazines and periodicals, which can be tacitly renewed for up to three months, provided the consumer can cancel within one month before expiry. A contract for the regular delivery of newspapers, magazines and periodicals as part of a trial subscription ends automatically at the end of the introductory period.
For contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with a maximum notice period of one month, provided this is reasonable and fair.
Article 13 - Payment
Unless otherwise agreed, the consumer must make the payment within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. For services, this period starts after the consumer has received confirmation of the contract. In the event of incorrect payment details, the consumer is obliged to inform the trader immediately. In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer the agreed costs.
Article 14 - Complaints procedure
In the event of complaints about the execution of the contract, the consumer must inform the entrepreneur fully and clearly within 30 days of discovering the defects. The entrepreneur will respond to complaints within 30 days of receipt. If the handling of a complaint requires more time, the entrepreneur will send a confirmation of receipt within the first 30 days, stating the expected handling period. If a complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to arbitration. This complaints procedure does not affect the obligations of the entrepreneur, unless otherwise agreed in writing. In the event of justified complaints, the entrepreneur will, at his own discretion, make replacement deliveries or repairs free of charge.
Article 15 - Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, regardless of the consumer's place of residence.