Terms of service

Contents

  1. Definitions
  2. Identity of the Entrepreneur
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Costs in Case of Withdrawal
  8. Exclusion of the Right of Withdrawal
  9. The Price
  10. Conformity and Warranty
  11. Delivery and Performance
  12. Payment
  13. Complaints Procedure
  14. Disputes
  15. Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  • Consumer: the natural person not acting in the course of a profession or business who enters into a distance agreement with the entrepreneur;
  • Day: calendar day;
  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unchanged reproduction possible;
  • Right of withdrawal: the option for the consumer to withdraw from the distance agreement within the cooling-off period;
  • Model withdrawal form: the form provided by the entrepreneur for the consumer to use to exercise the right of withdrawal;
  • Entrepreneur: the natural or legal person offering products and/or services remotely to consumers;
  • Distance agreement: an agreement concluded within a system organised by the entrepreneur for the remote sale of products and/or services, using one or more remote communication techniques;
  • Remote communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space.

Article 2 - Identity of the Entrepreneur

Article 2 - Applicability

  1. These general terms and conditions apply to every offer by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the agreement is concluded how the terms and conditions can be viewed and that they will be sent free of charge upon request.
  3. If the agreement is concluded electronically, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium.
  4. If, in addition to these general terms and conditions, specific product or service terms apply, the consumer may always rely on the provision most favourable to them in the event of conflicting terms.
  5. If any provision in these terms is void or annulled, the rest of the agreement and conditions remain in force, and the void provision will be replaced in mutual consultation by a provision that approximates the original intent as much as possible.
  6. Situations not covered by these terms shall be assessed “in the spirit” of these general terms.
  7. Ambiguities in the interpretation or content of one or more provisions shall be interpreted “in the spirit” of these general terms.

Article 4 - The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper evaluation by the consumer. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  3. Each offer contains information that makes it clear to the consumer what their rights and obligations are if they accept the offer. This concerns in particular:
    • the price including taxes
    • any delivery costs
    • the way in which the agreement will be concluded and what actions are required for that
    • whether the right of withdrawal applies
    • the method of payment, delivery and execution of the agreement
    • the deadline for accepting the offer
    • how the consumer can access the agreement afterwards
    • the minimum duration of the distance agreement in case of a continuing transaction

Article 5 - The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt has not been confirmed, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment.
  4. The entrepreneur can, within the legal framework, verify whether the consumer can meet their payment obligations, and also consider all facts and factors relevant to responsibly entering into the agreement. If the entrepreneur, on the basis of this research, has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur shall include the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it on a durable medium:
    • the visiting address of the entrepreneur’s business
    • the conditions and how the consumer can exercise the right of withdrawal
    • information about guarantees and after-sales service
    • the price including all taxes
    • the method of delivery
    • the method of termination for long-term contracts

Article 6 - Right of Withdrawal

  1. The consumer has the right to dissolve the agreement within 30 days without giving any reason.
  2. The cooling-off period mentioned in paragraph 1 starts on the day after the consumer receives the product, or:

    - if the consumer ordered multiple products in one order: the day on which the consumer received the last product
    - if the delivery of a product consists of different shipments or parts: the day on which the consumer received the last shipment or part

  3. During the cooling-off period, the consumer will handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess its nature, characteristics and functioning.
  4. If the consumer makes use of the right of withdrawal, he shall notify the entrepreneur within the cooling-off period via the model withdrawal form or in another unambiguous manner.
  5. As soon as possible, but within 30 days from the day following the notification, the consumer returns the product.
  6. The consumer returns the product with all accessories, if reasonably possible in the original condition and packaging, and in accordance with the instructions provided by the entrepreneur.
  7. The burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

Article 7 - Costs in Case of Withdrawal

  1. If the consumer exercises the right of withdrawal, they will bear at most the cost of returning the product.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 5 days after cancellation and receipt and approval of the return. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
  3. The entrepreneur may wait with the refund until they have received the product back, or the consumer has provided proof of return, whichever occurs first.
  4. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.
  5. The consumer cannot be held liable for any loss in value of the product if the entrepreneur did not provide all legally required information about the right of withdrawal before the agreement was concluded.

Article 8 - Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude the consumer's right of withdrawal for 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, or at least in good time before the conclusion of the agreement.
  2. Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (such as underwear and swimwear).
  3. Products manufactured to the consumer's specifications, such as custom-made or personalized items.

Article 9 - The Price

  1. During the validity period mentioned in the offer, prices of the products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. In deviation from the previous paragraph, the entrepreneur may offer variable prices for products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control.
  3. The prices mentioned in the offer include VAT.
  4. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In case of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of reliability and usability, and applicable legal provisions and/or government regulations on the date of the conclusion of the agreement.
  2. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  3. Any additional warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement.
  4. Legal warranty applies to all products. The duration may vary depending on the nature of the product.
  5. Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months after discovery.
  6. Warranty does not apply if:
    • the consumer has repaired and/or modified the product or had it repaired by third parties
    • the product was exposed to abnormal conditions or handled carelessly, or contrary to the instructions of the entrepreneur
    • the defect is the result of government regulations regarding the nature or quality of the materials used

Article 11 - Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The delivery address is the address that the consumer has provided to the entrepreneur.
  3. Subject to what is stated in paragraph 4 of this article, the entrepreneur will execute accepted orders promptly, but no later than within 7 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed within 7 days after placing the order. In such cases, the consumer has the right to cancel the agreement without costs.
  4. All delivery periods are indicative. No rights can be derived from them. Exceeding a delivery period does not entitle the consumer to compensation.
  5. In case of cancellation as described in paragraph 3, the entrepreneur will refund the amount paid by the consumer as soon as possible and no later than 5 days after cancellation.
  6. If delivery of a product proves impossible, the entrepreneur will make an effort to provide a replacement product. Upon delivery, it will be clearly stated that a replacement is being delivered. The right of withdrawal cannot be excluded in the case of replacement products. Return costs are at the entrepreneur’s expense.
  7. The risk of damage or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless otherwise agreed.

Article 12 - Payment

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the agreement is concluded.
  2. For product sales to consumers, advance payment of more than 50% may not be required. If advance payment is agreed, the consumer cannot assert any rights regarding the execution of the order until the advance payment is made.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. If the consumer fails to meet their payment obligation(s) on time, and after being reminded by the entrepreneur and given a 14-day period to comply, the consumer will owe statutory interest on the outstanding amount. The entrepreneur may also charge reasonable collection costs.

Article 13 - Complaints Procedure

  1. The entrepreneur has a clearly published complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified the defects.
  3. The entrepreneur will respond to complaints within 7 days. If a complaint requires a longer processing time, the entrepreneur will confirm receipt and provide an estimated response time.
  4. The consumer must allow the entrepreneur at least 4 weeks to resolve the complaint. After this period, a dispute may arise that is eligible for dispute resolution.

Article 14 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed by Dutch law.
    This choice of law does not affect the consumer's rights under mandatory provisions of the law of their country of residence.
  2. Any disputes may be submitted to the competent court in The Hague, the Netherlands, unless mandatory law provides otherwise.

Article 15 - Additional or Different Provisions

  1. Additional provisions or provisions that deviate from these general terms must be clearly stated and must not be to the detriment of the consumer.
  2. In case of inconsistency between the English version and a translated version of these terms, the English version shall prevail unless mandatory consumer protection laws dictate otherwise.