General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can make use of 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 distance agreement with the entrepreneur.
Day: Calendar day.
Ongoing transaction: A distance agreement relating to a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance agreement: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
Technique for distance communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.


Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and packaging with care.
If the consumer exercises his right of withdrawal, he will return the product with all delivered accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions provided by the entrepreneur.


Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and orders concluded between entrepreneur and 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 inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance agreement is concluded electronically, then, in deviation from the previous paragraph and before the agreement is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced without delay in mutual consultation by a provision that approximates the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms shall be interpreted ‘in the spirit’ of these general terms and conditions.


Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer 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 truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • The possible costs of shipping.

  • The manner in which the agreement will be concluded and which actions are required for this.

  • Whether or not the right of withdrawal applies.

  • 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 level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used.

  • Whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer.

  • The way in which the consumer, before concluding the agreement, can check and, if necessary, correct the data provided by him.

  • The possible other languages in which, in addition to Dutch, the agreement may be concluded.

  • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically.

  • The minimum duration of the distance agreement in case of an ongoing transaction.

  • Optional: available sizes, colors, type of materials.


Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

Within legal frameworks, the entrepreneur may inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer 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 data carrier:

  • The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints.

  • The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.

  • The information about guarantees and existing service after purchase.

  • The information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.

  • 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 an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.