Terms and conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the Consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a remote agreement with the Entrepreneur;
Day: calendar day;
Duration transaction: a distance contract in respect of a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the remote agreement within the withdrawal period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance agreement: an agreement in which, in the context of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more techniques of distance communication are used;
Technique of distant communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.
General terms and conditions: the current general terms and conditions of the entrepreneur.
Article 2 - Application
These general terms and conditions apply to any offer made by the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the remote agreement is concluded electronically, irrespective of the preceding paragraph and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer may always invoke the applicable provision that is most advantageous to him in the event of conflicting general terms and conditions.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or destroyed, the remainder of the agreement and these Terms and Conditions will remain in force and the provision in question will be replaced in mutual consultation without delay by a provision that purports to be as close as possible to the original.
Situations not regulated in these General Terms and Conditions must be considered “in the spirit” of these General Terms and Conditions.
Uncertainty as to the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and conditions.
Article 3 - 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 non-binding. The entrepreneur has the right to change and adjust the offer.
The tender contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding for the entrepreneur.
All images, specification data in the offer are indicative and cannot give grounds for compensation or dissolution of the agreement.
Images accompanying the products are a true representation of the products offered. Entrepreneur cannot guarantee that the colors shown correspond exactly with the real colors of the products.
Each offer contains such information that it is clear to the consumer which rights and obligations are attached to the acceptance of the offer. This applies in particular to:
the price, with the exception of customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. Postal and/or courier services will make use of the special scheme for postal and courier services for imports. This scheme applies if the goods are imported to the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (either together with the customs clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the agreement is concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the condition of acceptance of the offer, or the condition whereby the entrepreneur guarantees the price;
the amount of the tariff for means of distance communication if the costs of using the means of distance communication are calculated on a basis other than the usual basic rate for the means of communication used;
whether the contract will be archived after it has been concluded and, if so, how it can be consulted by the consumer;
the way in which the consumer, prior to the conclusion of the contract, can check and, if desired, restore the data he has provided in connection with the contract;
all other languages in which, in addition to Dutch, the agreement can be concluded;
the rules of conduct to which the entrepreneur is subject and the way in which the consumer can consult these rules of conduct electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colors, type of materials.
Article 4 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of the consumer's acceptance of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to ensure the electronic transmission of data and to ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can inform himself - within the legal framework - whether the consumer can fulfill his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the performance.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
1. the visiting address of the company of the entrepreneur where the consumer can go with complaints;
2. the 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;
3. the information slips on guarantees 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 the consumer with this information prior to the execution of the agreement;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded under suspensive conditions for sufficient availability of the products in question.
Article 5 - Right of withdrawal
When purchasing products, the consumer has the option to cancel the agreement without giving a reason within 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of the right of withdrawal, he will return the product with all accompanying accessories and - if reasonably possible - in original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions given by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer shall make this known by written message / e-mail. After the consumer has expressed that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by providing proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
In accordance with applicable European consumer legislation and national legislation, we guarantee that our products are free from manufacturing defects and deficiencies for a period of two years from the date of delivery. This warranty covers all defects arising from defects in materials or workmanship.
Your rights.
If a product you have purchased from us does not function properly within the statutory warranty period (2 years from purchase) due to manufacturing or material defects, you are entitled to a replacement product. We will then send you a new item. Click here to contact us.
Article 6 - Costs of withdrawal
If the consumer makes use of his/her right of withdrawal, the costs of returning the products are for the consumer's account.
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 can be provided.
Article 7 - Exclusion of the right of withdrawal
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 indicated this clearly in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
1. which are established by the entrepreneur in accordance with the consumer's specifications;
2. which are clearly personalized in nature;
3. which cannot be returned due to their nature;
4. which 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 loose newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.
9.
Exclusion of the right of withdrawal is only possible for services:
1. concerning accommodation, transportation, restaurant services or leisure activities to be carried out on a specific date or during a specific period;
2. if delivery has started with the express consent of the consumer before the withdrawal period has expired;
3. regarding games and lotteries.
Article 8 - Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased with the exception of price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the contractor may offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the contractor has no influence. This dependence on fluctuations and the fact that any prices quoted are target prices are stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of legal provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. these are the result of statutory regulations or provisions; or
2. The consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
According to Article 5(1) of the Sales Tax Act 1968, the place of supply is in the country where the transport starts. In this case, this delivery takes place outside the EU. After this, the postal or courier service will collect import VAT or customs clearance costs from the customer. No VAT will therefore be charged by the entrepreneur.
All prices are subject to printing and printing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 9 - Conformity and guarantee
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, reasonable requirements for reliability and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee given by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or misdelivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products should be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never liable for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been subjected to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the contractor and/or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the authorities have issued or will issue with regard to the nature or quality of the materials used.
Article 10 - Delivery and execution
The entrepreneur will exercise the greatest possible care in the receipt and execution of orders for products.
The place of delivery is the address that the consumer has provided to the company.
With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders promptly, but within 30 days at the latest, unless the consumer has agreed to a longer delivery time. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the Consumer will be notified of this within 30 days of placing the order. In this case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement goods, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the contractor.
The risk of damage and / or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 11 - Duration transactions: duration, cancellation and extension
Cancellation.
The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular provision of products (including electricity) or services, with due observance of the agreed regret rules and a notice period of at most one month.
The Consumer may enter into an agreement that is entered into for a specific period of time and that extends to the regular delivery of products (including electricity) or services, at any time prior to the expiry of the agreement period, with due observance of the agreed cancellation policy and a notice period of no more than one month.
The Consumer may enter into the agreements referred to in the preceding paragraphs:
cancel at any time and is not limited to cancellation at a specific time or period;
at least cancel in the same way as they were entered into by him;
always terminate with the same notice period that the trader has set for himself.
Extension
An agreement that has been concluded for a fixed term and that extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a contract concluded for a fixed period and which extends to the regular supply of daily and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer objects to this. this extended contract may terminate the expiry of the extension with a notice period of no more than one month.
An agreement that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and terminates automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a period of notice of no more than one month, unless fairness and reasonableness oppose termination before the expiry of the agreed duration.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 (1). In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or provided to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that have been made known to the consumer in advance.
Article 13 - Complaints handling
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the shortcomings.
Complaints sent 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 notification of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint proves to be well-founded by the entrepreneur, the entrepreneur will, at his own discretion, replace or repair the delivered products free of charge.
Article 14 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
Article 15 - The package has been returned to the sender.
If a parcel was delivered at a pick-up location but was never picked up, we will send the customer a new parcel at no extra charge.
If the customer does not wish to receive the parcel anymore, we will refund the order amount, but a charge of 29% will be applied.