Terms and conditions

Article 1 - Definitions

Article 2 - Identity of the company

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Treaty

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

Article 9 - Obligations of the company in the event of revocation

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and additional guarantee

Article 13 - Delivery and performance

Article 14 - Subscriptions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Subsidiary or derogating agreements

Article 1 - Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

(1) Ancillary agreement: an agreement whereby the consumer purchases products, digital content and/or services in connection with a distance contract and those products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;

2. withdrawal period: the period within which the consumer may exercise his right of withdrawal;

(3) Consumer: the natural person who is not acting for purposes relating to a trade, business, craft or profession;

Day 4: Calendar day;

5. digital content: data produced and delivered in digital form;

(6) 'subscription' means an agreement covering the regular supply of goods, services and/or digital content during a specified period;

(7) 'durable medium' means any means, including electronic mail, which enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation or use for a period of time specific to the purpose for which the information is intended and which allows unchanged reproduction of the information stored;

8. right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period;

(9) 'trader' means a natural person or a legal entity offering products, (access to) digital content and/or services to the consumer for distance selling organised sales or service system.

(10) 'distance contract' means a contract concluded between the trader and the consumer under an organised system for the distance sales of products, digital content and/or services, using one or more techniques of distance communication exclusively or partly up to the time of conclusion of the contract;

(11) Model withdrawal form: the European model withdrawal form in Annex I to these Conditions;

12. technique of distance communication: is the means that can be used to conclude a contract without the consumer and the trader having to be in the same place at the same time.

Article 3 - Applicability

(1) These General Terms and Conditions apply to all offers made by the Entrepreneur and to all distance contracts between the Entrepreneur and the Consumer.

2. before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not possible, the trader shall indicate before the conclusion of the distance contract how the general terms and conditions can be consulted at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.

3. where the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not possible prior to the conclusion of the distance contract, it shall be indicated 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. in the event that specific product or service terms and conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may at any time invoke the provision that is most favourable to him.

Article 4 - The Offer

1. if an offer has a limited period of validity or if it is subject to conditions, this will be expressly mentioned in the offer.

2. the offer contains a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products, services and/or digital content. Obvious errors or misprints in the offer do not bind the entrepreneur.

(3) Every offer shall contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

1. the agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and compliance with the conditions attached thereto.

2. if the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.

3. if the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure electronic data transmission and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

4. the trader may, within the limits of the law, obtain information about the consumer's ability to meet his payment obligations and about all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this research, the trader has valid reasons for not concluding the contract, he is entitled to refuse an order or request or to impose special conditions for the execution of the order or request, stating the reasons.

5. the trader shall include the following information in writing or in such a way that the consumer can store it in an accessible way on a durable medium, at the latest at the time of delivery of the product, service or digital content to the consumer:

a. Visiting address of the trader's office where the consumer can lodge complaints;

b. Conditions under which and the manner in which the consumer may exercise the right of withdrawal or a clear statement of the exclusion of the right of withdrawal;

c. Information, guarantees and service after purchase;

d. Price, including any taxes on the product, service or digital content; the cost of delivery, if any; and the method of payment, delivery or performance of the distance contract;

e. Requirements for termination of the contract if the contract has a duration of more than one year or is indefinite;

f. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of subscriptions, the provision in the preceding paragraph shall only apply to the first delivery.

Article 6 - Right of withdrawal

For products:

1. the consumer may dissolve a contract for the purchase of a product during a cooling-off period (withdrawal) of at least 14 days without giving reasons. The trader may ask the consumer the reason for the withdrawal, but does not oblige the consumer to give his reasons.

2. the cooling-off period referred to in paragraph 1 shall start on the day after the consumer or a third party other than the carrier and previously nominated by the consumer has received the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer or a third party designated by the consumer has received the last product. The trader may, provided that he has clearly informed the consumer before the ordering process, refuse an order for several products with different delivery times.

b. if the supply of a product consists of several consignments or parts: the date on which the consumer or a third party designated by him received the last consignment or part;

c. in the case of contracts for the regular supply of products over a period of time: the day on which the consumer or a third party designated by him received the first product.

For services and digital content that are not offered on a tangible medium:

3. the consumer may cancel a service contract and a contract for the provision of digital content not provided on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer the reason for the cancellation, but does not oblige the consumer to give his reasons.

4. the withdrawal period referred to in paragraph 3 shall begin on the day following the conclusion of the contract.

Extended withdrawal period for products, services and digital content not supplied on a material carrier if not informed of the right of withdrawal:

(5) If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the withdrawal period shall end twelve months after the expiry of the initial cooling-off period determined in accordance with paragraphs 1 and 2 of this Article.

(6) Where the trader has provided the consumer with the information referred to in paragraph 1 within 12 months of the effective date of the initial withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the withdrawal period

1. during the withdrawal period, the consumer shall handle the product and its packaging with care. He may unpack or use the product only to the extent necessary to determine the nature, characteristics and function of the product. The basic principle is that the consumer may only handle and examine the product as he may do in a shop.

2. the consumer is liable only for the diminution in value of the product resulting from a manner of handling the product which goes beyond what is permitted in paragraph 1.

3. the consumer shall not be liable for any diminution in the value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs 1. If the consumer exercises his right of withdrawal, he must notify the trader of this within the withdrawal period using the model withdrawal form or in another clear manner.

2. the consumer returns or hands over the product to (an authorised representative of) the trader as soon as possible, but within 14 days after the day following the notification referred to in paragraph 1. This is not necessary if the trader has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the end of the withdrawal period.

3. the consumer returns the product with all accessories supplied, if possible in original condition and packaging, in accordance with the trader's reasonable and clear instructions.

4. the risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. the consumer shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader has indicated that the consumer should bear these costs himself, the consumer shall not bear the costs of the return.

6. if the consumer withdraws after having previously expressly requested that the provision of the service or the supply of gas, water or electricity not made available for sale in a limited scope or quantity commence during the withdrawal period, the consumer shall owe the trader an amount proportionate to that part of the obligation which the proprietor has performed at the time of withdrawal as compared to the full performance of the obligation.

7. the consumer shall not bear any costs for the provision of services or the supply of water, gas or electricity which are not made available for sale in a limited scope or quantity, or for the supply of district heating, if:

a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or

b. the consumer has not expressly requested the commencement of the provision of the service or the supply of gas, water, electricity or district heating during the withdrawal period.

8. the consumer shall not bear any costs for the delivery, in whole or in part, of digital content that is not provided on a tangible medium if:

a. he has not expressly agreed prior to the delivery of the contents to commence performance of the contract before the expiry of the withdrawal period;

b. he has not acknowledged the right to lose his right of withdrawal when giving his consent; or

c. the trader has not confirmed this declaration by the consumer.

(9) If the consumer exercises his right of withdrawal, all ancillary agreements are terminated by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

(1) If the trader makes the consumer's notice of withdrawal possible electronically, the trader will send an acknowledgement of receipt without undue delay after receiving that notice.

2. the trader shall reimburse all payments made by the consumer, including the shipping costs charged by the trader for the returned product, without undue delay and no later than 14 days after the day on which the consumer informs him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with the repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.

3. the trader shall use the same means of payment for the refund as the consumer, unless the consumer agrees to a different method. The refund shall be free of charge for the consumer.

4. if the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive delivery method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly indicated this when making the offer or at least in good time before the conclusion of the contract:

1. products or services whose price is subject to fluctuations in the financial market over which the owner has no control and which may occur within the withdrawal period;

2. agreements concluded at public auctions. A public auction is a method of sale where the trader offers products, digital content and/or services to the consumer who is present in person or is given the opportunity to be present in person under the supervision of an auctioneer and where the successful bidder is obliged to purchase the products, digital content and/or services;

3. service contracts, after full performance of the service, but only if:

a. the execution has started with the express prior consent of the consumer; and

b. the consumer has stated that he loses his right of withdrawal once the trader has fully executed the agreement;

4. package travel pursuant to Section 7:500 of the Dutch Civil Code and passenger transport contracts;

5. service contracts for the provision of accommodation if the contract provides for a specific date or duration of performance and not for residential purposes, goods transport, car rental and catering;

6. agreements on leisure activities, if the agreement provides for a specific time or duration of their implementation;

7. products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or which are clearly intended for a specific person.

8. products that spoil quickly or have a limited shelf life;

9. sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal was broken after delivery;

10. products which, due to their nature, are irrevocably mixed with other products after delivery;

11. alcoholic beverages for which the price was agreed at the time of conclusion of the contract but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market over which the holder has no control;

12. sealed audio, video recordings and computer software whose seal has been broken after delivery;

13. newspapers, periodicals or magazines, excluding subscriptions thereto;

14. the provision of digital content other than on a tangible medium, but only if:

a. the performance has begun with the consumer's express prior consent; and b. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

1. during the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.

(2) By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no control, at variable prices. These fluctuations and the fact that the prices quoted are indicative shall be mentioned in the offer.

3. price increases within 3 months after conclusion of the contract are only permissible if they are due to statutory provisions or regulations.

4. price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has stipulated this and:

a. they arise from statutory provisions or regulations; or

b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

5. the prices stated in the offer of the products or services are inclusive of value added tax.

Article 12 - Compliance with the terms of the contract and additional guarantee

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 fitness for purpose and the legal provisions and / or official regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2. an additional guarantee given by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to perform its part of the contract.

3. additional guarantee means any obligation on the part of the trader, his supplier, importer or producer by which he grants the consumer certain rights or claims which go beyond what he is legally obliged to do if he has failed to perform his part of the contract.

Article 13 - Delivery and performance

1. the entrepreneur will exercise the greatest possible care in receiving and executing product orders and in examining requests for the provision of services.

2. the place of delivery is the address given by the consumer to the trader.

3. in compliance with the provisions of article 4 of these general terms and conditions, the trader shall execute accepted orders without delay, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order is not or only partially executed, the consumer shall be informed no later than 30 days after the order is placed. In this case, the consumer has the right to dissolve the contract free of charge and is entitled to compensation.

4. after dissolution in accordance with the preceding paragraph, the trader will immediately refund the amount paid by the consumer.

5. the risk of damage to and / or loss of products shall be borne by the trader until the time of delivery to the consumer or a previously designated and announced representative of the trader, unless expressly agreed otherwise.

Article 14 - Subscriptions: duration, termination and renewal

Termination:

1. the consumer may at any time terminate an open-ended contract concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month.

2. the consumer may at any time terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.

3. the consumer may terminate the contracts referred to in the preceding paragraphs:

- terminate at any time and not be limited to termination at a specific time or within a specific period;

- terminate at least in the same way as they were concluded by him;

- always terminate with the same notice period that the entrepreneur has set himself.

Extension:

4. a fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly renewed or extended for a specific period.

(5) By way of derogation from the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term of not more than three months if the consumer may terminate that renewed contract at the end of the renewal period by giving not more than one month's notice.

(6) A fixed-term contract concluded for the regular supply of products or services may be tacitly renewed for an indefinite period only if the consumer has the right to terminate it at any time, subject to a maximum of one month's notice. The notice period may not exceed three months if the agreement provides for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.

7. a fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end at the end of the trial or introductory period.

Term:

8. where a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year by giving up to one month's notice, unless reasonableness and fairness would preclude termination before the end of the agreed period.

Article 15 - Payment

(1) Unless otherwise specified in the contract or in additional terms and conditions, the amounts owed by the consumer should be paid within 14 days of the start of the withdrawal period or, if there is no withdrawal period, within 14 days of the conclusion of the contract. In the case of a service contract, this period starts on the day after the consumer has received the confirmation of the contract.

2. when selling products to consumers, the consumer can never be obliged to pay more than 50% in advance. In the case of agreed advance payment, the consumer cannot assert any rights regarding the execution of the order or service(s) before the agreed advance payment has been made.

3. the consumer is obliged to immediately report any inaccuracies in the payment data he has provided or communicated to the trader.

4. if the consumer does not meet his payment obligations on time, he will owe statutory interest on the outstanding amount after the owner has informed him of the delay in payment and the owner has given the consumer a period of 14 days to still meet his payment obligations after he has not paid within this period, and the owner is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from the stated amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

1. the entrepreneur has a well known grievance procedure and handles the grievance according to this grievance procedure.

2. complaints about the performance of the contract shall be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.

3. complaints addressed to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Entrepreneur shall reply within the 14-day period with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed response.

4. if the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months from the date of submission of the complaint, a dispute shall arise which shall be subject to the settlement of disputes.

Article 17 - Disputes

(1) Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 18 - Subsidiary or derogating agreements

Ancillary agreements or agreements deviating from these General Terms and Conditions may not be to the detriment of the consumer and must be in writing or recorded in such a way that they can be accessed by the consumer and stored on a durable medium.