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General Terms

General Terms

General Terms and Conditions Article 1 - Definitions In these terms, the following definitions apply: Cooling-off period: the time frame within which the consumer can utilize their right of withdrawal; Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur; Day: calendar day; Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance of which is spread over time; Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that future consultation and unchanged reproduction of the stored information is possible. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance; Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized distance sales or service-provision scheme without the simultaneous physical presence of the entrepreneur and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; Means of distance communication: means that can be used for the conclusion of a contract, without the consumer and entrepreneur being in the same room at the same time. General Conditions: the present General Terms and Conditions of the entrepreneur.

Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and every distance contract that has been realized and orders between the entrepreneur and 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 to the consumer free of charge as quickly as possible at their request. If 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 can be made available electronically to the consumer in such a way that it can be stored simply on a durable medium. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically before the distance contract is concluded, and that at the request of the consumer, they can be sent electronically or otherwise free of charge. For cases where, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs are of corresponding application, and the consumer in case of conflicting general terms and conditions can always rely on the applicable provision that is most favorable to them. If one or more provisions in these general terms and conditions at any moment are wholly or partially void or are annulled, then the contract and these terms shall remain in effect for the rest and the provision in question will immediately be replaced in mutual consultation by a provision that approaches the scope of the original as closely as possible. Situations that are not regulated in these general terms and conditions need to be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the explanation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.

Article 4 – The Offer If an offer has a limited duration or is subject to conditions, this will be explicitly mentioned in the offer. The offer is without obligation. The entrepreneur is entitled to change and amend the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications data in the offer are an indication and cannot be a reason for compensation or dissolution of the contract. Images with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Every offer contains such information that it is clear for the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:

the possible costs of shipping;
the manner in which the contract will be concluded and which actions this requires;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used communication medium;
whether the contract is filed after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair them if desired;
the other languages in which, besides Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of an extended transaction.

Article 5 – The Agreement The contract, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts the offer and meets the corresponding 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, the consumer can dissolve the contract. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within legal frameworks - inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request motivated or to attach special conditions to the execution. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a manner that the consumer can store it in an accessible way on a durable medium: a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints; b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing service after purchase; d. the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information before the execution of the contract; e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered under the suspensive conditions of sufficient availability of the concerning products.

Article 6 – Right of Withdrawal Upon products purchase, the consumer has the possibility to dissolve the contract without giving reasons for 14 days. This reflection period commences on the day following the receipt of the product by the consumer or a pre-designated representative known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. He will unpack or use the product only to the extent necessary to judge whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wants to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known via a written message/email. After the consumer has indicated 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 means of a proof of shipment. If the client after the periods mentioned in paragraph 2 and 3 has not indicated that he wants to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal If the consumer makes use of his right of withdrawal, all shipping costs are at the expense of the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the revocation. Hereby it is required that the product has already been received back by the web merchant or conclusive proof of complete return can be submitted. The entrepreneur can refuse repayment until he has received the product or until the consumer proves he has returned the product, whichever is earlier.

Article 8 – Exclusion of Right of Withdrawal The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that have been created by the entrepreneur in accordance with the consumer's specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose prices are dependent on fluctuations in the financial market on which the entrepreneur has no influence; f. for loose newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period; b. if the delivery has started with the consumer's explicit consent before the cooling-off period has expired; c. concerning betting and lotteries.

Article 9 – The Price During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the event of print and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.

Article 10 – Conformity and Guarantees The entrepreneur ensures 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 existing legal provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract. Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The products must be returned in the original packaging and in new condition. The warranty period provided by the entrepreneur corresponds to the factory 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. The guarantee does not apply if:

The consumer has repaired and/or processed the delivered products or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or are handled contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or the quality of the applied materials.

Article 11 – Delivery and Execution The entrepreneur shall observe the greatest possible diligence in receiving and in the execution of product orders. With due observance of what has been stated in article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order is not or only partially executed, the consumer will receive notice of this no later than 30 days after he placed the order. In such cases, the consumer has the right to terminate the contract without any costs and the right to possible compensation. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer paid as soon as possible but no later than 14 days after termination. If delivery of an ordered product proves impossible, the entrepreneur will strive to make a replacement article available. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, withdrawal rights cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation, and extension Cancellation, The consumer can terminate an agreement that has been entered for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time subject to agreed cancellation rules and a notice period of at most one month. The consumer can terminate a fixed-term contract that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed cancellation rules and a notice period of at most one month. The consumer can cancel the agreements mentioned in the previous paragraphs:

at any time and not be limited to cancellation at a specific time or in a specific period;
at least cancel in the same way as they are entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself. Extension, A contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration. In deviation from the previous paragraph, a contract that has been entered for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be silently extended for a fixed period of up to three months, if the consumer can cancel this extended contract at the end of the extension with a notice period of at most one month. A contract that has been entered into for a fixed period and that extends to the regular delivery of products or services may only be silently continued for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of at most three months if the contract extends to the regular, but less than once a month, delivering of daily, news and weekly newspapers and magazines. A contract with a limited duration to the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not silently continued and ends automatically after the trial or introductory period. Duration, If a contract has a duration of more than one year, the consumer may cancel the contract at any time with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment As far as not otherwise stipulated, the amounts owed by the consumer should be paid within 7 working days following the beginning of the cooling off period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, that period starts after the consumer has received the confirmation of the agreement. The consumer has the duty to report inaccuracies in provided or stated payment details immediately to the entrepreneur. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer beforehand.

Article 14 – Complaints Procedure Complaints about the execution of the agreement must be described fully and clearly within 7 days after the consumer has noticed the defects, submitted to the entrepreneur. Complaints submitted to the entrepreneur will be answered from the date of receipt. If a complaint foresees a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer. If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after the submission of the complaint, a dispute arises that is subject to the dispute settlement.

Article 15 – Disputes On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer resides abroad.