Article 1 – Definitions
In these terms and conditions, the following terms shall have the meanings ascribed to them:
- Cooling-off period: the period during which the consumer can make use of their right of withdrawal;
- Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession, when entering into a distance contract with the entrepreneur;
- Day: calendar day;
- Continuous performance contract: a distance contract covering a series of products and/or services, the delivery and/or use of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the consumer's option not to proceed with the distance contract within the cooling-off period;
- Model Form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
- Entrepreneur: the natural or legal person offering products and/or services to consumers from a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to the conclusion of the contract;
- Remote Communication Technique: a method that can be used for the conclusion of an agreement, without the consumer and the entrepreneur being physically present in the same location at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
[Entrepreneur's Name] (statutory name, possibly supplemented with a trade name);
[Visiting address, if different from the registered address];
Phone number: [and time(s) when the entrepreneur can be reached by phone];
Email address: [enter your email address here]
Chamber of Commerce number: [enter your Chamber of Commerce number here]
VAT identification number: [enter your VAT identification number here]
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
- 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, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
- If the distance agreement is concluded electronically, in deviation from the previous paragraph and before the distance 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 easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically, and that they will be sent to the consumer electronically or in another way free of charge upon request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the provision that is most favorable to him in case of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are void or are annulled in whole or in part at any time, the agreement and these conditions will remain in force for the rest and the relevant provision will be replaced by a provision that approaches the scope of the original provision as closely as possible through mutual consultation without delay.
- Situations that are not regulated in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited validity period or is made subject to conditions, this is explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
- 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot give rise to damages or dissolution of the agreement.
- Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
- Each offer includes information in such a way that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and the actions required for this;
- the applicability or non-applicability of the right of withdrawal;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the fee for remote communication if the costs of using the remote communication technique are calculated on a basis other than the regular base rate for the communication medium used;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- how the consumer can verify and, if desired, correct the data provided by him in the context of the agreement before its conclusion;
- any other languages in which the agreement can be concluded, besides Dutch;
- the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in case of an ongoing transaction.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions in clause 4, at the moment of acceptance by the consumer of the offer and meeting the specified conditions.
- If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the 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 takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
- Within legal frameworks, the entrepreneur may ascertain whether the consumer can fulfill their payment obligations, as well as all the facts and factors that are relevant for a responsible entering into a distance agreement. If, based on this investigation, the entrepreneur has reasonable grounds not to enter into the agreement, they are entitled to refuse an order or application with reasoned justification, or to attach specific conditions to its execution.
- The entrepreneur will provide the following information to the consumer with the product or service, either in writing or in a way that the consumer can store it in an accessible manner on a durable medium:
- the address of the entrepreneur's establishment where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing post-purchase services;
- the data mentioned in article 4 clause 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of an ongoing transaction, the provision in the previous clause only applies to the first delivery.
- Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
In case of product delivery:
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This withdrawal period starts on the day after the consumer or a pre-designated representative known to the entrepreneur has received the product.
- During this withdrawal period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur along with all provided accessories, and if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. This notification should be made using the model withdrawal form or through another means of communication, such as email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide evidence that the goods have been returned in a timely manner, for example, by providing proof of shipment.
- If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in clauses 2 and 3, the purchase becomes binding.
In case of service delivery:
- When services are delivered, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement is entered into.
- To exercise their right of withdrawal, the consumer will adhere to the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the time of delivery.
Article 7 - Costs in case of withdrawal
- If the consumer exercises their right of withdrawal, they shall bear the maximum cost of returning the goods.
- If the consumer has made a payment, the entrepreneur shall reimburse this amount as soon as possible, but no later than 14 days after the withdrawal. However, this reimbursement is conditional upon the product having been received back by the online retailer or conclusive evidence of complete return shipment being provided. The reimbursement will be made using the same payment method that the consumer used unless the consumer explicitly gives consent for a different payment method.
- In the case of damage to the product due to careless handling by the consumer themselves, the consumer shall be liable for any potential decrease in the product's value.
- The consumer cannot be held liable for any decrease in the product's value if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of the right of withdrawal
- The entrepreneur can exclude the consumer's right of withdrawal for products as described in sections 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygienic products where the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- related to accommodation, transportation, restaurants, or leisure activities to be provided on a specific date or during a specific period;
- where delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
- related to 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.
- In deviation from the previous clause, the entrepreneur can offer products or services with prices that are subject to fluctuations on the financial market and over which the entrepreneur has no influence, using variable prices. This tied nature to fluctuations and the fact that any prices mentioned are indicative will be specified in the offer.
- Price increases within 3 months after the agreement is established are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the agreement is established are only allowed if the entrepreneur has stipulated this and:
- they result from legal regulations or provisions; or
- the consumer has the authority to terminate the agreement effective from the day the price increase takes effect.
- The prices stated in the offer of products or services are inclusive of VAT.
- All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obligated to deliver the product at the erroneous price.
Article 10 – Conformiteit en Garantie
- The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that were in effect on the date the agreement was established. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal.
- Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the entrepreneur based on the agreement.
- Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must 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 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 warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or have been treated carelessly in any way or are in violation of the entrepreneur's instructions and/or the packaging instructions; The deficiency is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and performance
- The entrepreneur shall exercise the utmost care when receiving and fulfilling orders for products and when evaluating requests for the provision of services.
- The consumer's communicated address to the company shall serve as the place of delivery.
- Subject to the provisions in Clause 4 of this article, the company shall execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery experiences a delay, or if an order cannot be fulfilled or only partially fulfilled, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
- All delivery times are indicative. The consumer cannot derive any rights from any mentioned timeframes. Exceeding a timeframe does not entitle the consumer to compensation.
- In the event of dissolution in accordance with Clause 3 of this article, the entrepreneur shall 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 an effort to provide a substitute item. It will be clearly and understandably communicated that a substitute item will be delivered no later than upon delivery. The right of withdrawal cannot be excluded for substitute items. Any costs associated with a potential return shipment are borne by 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 designated representative notified to and acknowledged by the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, termination, and renewal
- The consumer can terminate an agreement that has been entered into for an indefinite period and that pertains to the regular delivery of products (including electricity) or services at any time, while observing the agreed-upon termination rules and a notice period of at most one month.
- The consumer can terminate an agreement that has been entered into for a definite period and that pertains to the regular delivery of products (including electricity) or services at any time, upon the expiration of the specified duration, while observing the agreed-upon termination rules and a notice period of at most one month.
- The consumer can terminate the agreements mentioned in the preceding clauses:
- at any time, not limited to termination at a specific time or during a specific period;
- terminate at least in the same manner they were entered into;
- always terminate with the same notice period as stipulated by the entrepreneur for themselves.
- An agreement that has been entered into for a definite period and pertains to the regular delivery of products (including electricity) or services must not be renewed or extended automatically for a specified duration.
- In contrast to the previous clause, an agreement that has been entered into for a definite period and pertains to the regular delivery of daily, weekly, and monthly newspapers and magazines can be renewed automatically for a maximum duration of three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
- An agreement that has been entered into for a definite period and pertains to the regular delivery of products or services can only be extended automatically for an indefinite duration if the consumer is allowed to terminate at any time with a notice period of at most one month, and with a notice period of at most three months in the case where the agreement pertains to the regular but less than monthly delivery of daily, weekly, and monthly newspapers and magazines.
- An agreement with a limited duration for the purpose of introducing the regular delivery of daily, weekly, and monthly newspapers and magazines (trial or introductory subscription) will not be continued automatically and will end automatically after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the agreed-upon duration ends.
Article 13 – Payment
- Insofar as not otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this 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 to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that have been made known to the consumer in advance.
Article 14 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur 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 will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, it may be submitted for dispute resolution through the appropriate channels.
- In case of complaints, a consumer should first contact the entrepreneur. It is also possible to register complaints through the European ODR platform.
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.
Article 15 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
- The Vienna Sales Convention is not applicable.
Article 16 - Additional or different provisions
- Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment 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.