General Terms of Delivery

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. 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 inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it 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 electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
4. If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced without delay by mutual agreement with a provision that approaches the purpose of the original provision as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed according to the spirit of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted according to the spirit of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
5. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours correspond exactly to the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:

1. the price including taxes;
2. any shipping costs;
3. the manner in which the contract will be concluded and which actions are required for this;
4. whether or not the right of withdrawal applies;
5. the method of payment, delivery and performance of the contract;
6. the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
7. the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication method used;
8. whether the contract will be archived after conclusion, and if so, how it can be consulted by the consumer;
9. the way in which the consumer can check and, if desired, correct the data provided by them in the context of the contract before concluding the contract;
10. any other languages in which, in addition to Dutch, the contract may be concluded;
11. the codes of conduct to which the entrepreneur has committed and the way in which the consumer can consult these codes of conduct electronically;
12. the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal limits, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, the entrepreneur is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
5. The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

1. the visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
3. information about warranties and existing after-sales service;
4. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before performance of the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

Upon delivery of products

1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises the right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days after receipt of the product. The consumer must do so by means of the model form. After the consumer has made known that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by means of proof of shipment.
4. If the customer has not made known after expiry of the periods mentioned in paragraphs 2 and 3 that they wish to exercise the right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

Upon delivery of services

1. Upon delivery of services, the consumer has the option to dissolve the contract without giving reasons for at least 14 days, starting on the day the contract is entered into.
2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises the right of withdrawal, no more than the costs of return shipment will be borne by the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for any reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase contract.

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. Exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:

1. that have been created by the entrepreneur in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that cannot be returned due to their nature;
4. that can spoil or age quickly;
5. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software whose seal has been broken by the consumer;
8. for hygienic products whose seal has been broken by the consumer.

3. Exclusion of the right of withdrawal is only possible for services:

1. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
2. whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
3. relating to betting and lotteries.

Article 9 - The price

1. 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 resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services at variable prices if those prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

1. they result from statutory regulations or provisions; or
2. the consumer has the right to terminate the contract from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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 comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in the original packaging and in new condition.
4. 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.
5. The warranty does not apply if:

1. the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
2. the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or have been handled contrary to the instructions of the entrepreneur and/or the packaging;
3. the defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. 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 clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination and extension

Termination

1. The consumer may terminate a contract entered into for an indefinite period and aimed at the regular delivery of products, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate a contract entered into for a definite period and aimed at the regular delivery of products, including electricity, or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:

1. at any time and not be limited to termination at a specific time or during a specific period;
2. at least in the same manner as they were entered into by the consumer;
3. always with the same notice period as the entrepreneur has stipulated for itself.

Extensions

1. A contract entered into for a definite period and aimed at the regular delivery of products, including electricity, or services may not be tacitly extended or renewed for a definite period.
2. Contrary to the previous paragraph, a contract entered into for a definite period and aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
3. A contract entered into for a definite period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract is aimed at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines, such as a trial or introductory subscription, will not be tacitly continued and ends automatically after the trial or introductory period.

Duration

1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
2. The consumer is obliged to notify the entrepreneur without delay of any inaccuracies in payment details provided or stated.
3. In the event of non-payment by the consumer, and 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

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. 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 entrepreneur will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first contact the entrepreneur. The online shop is affiliated with WebwinkelKeur, and complaints that cannot be resolved by mutual agreement must be submitted by the consumer to WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If no solution is reached after that, the consumer has the option to have the complaint handled by the independent disputes committee appointed by WebwinkelKeur. Its decision is binding, and both the entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

1. 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.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

1. Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.