Terms of service
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 exercise the 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 contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that makes future consultation and unaltered reproduction of the stored information 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: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the agreement, exclusively one or more means of distance communication are used.
Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer. Before the distance contract 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 contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge upon the consumer’s request.
If the distance contract is concluded electronically, contrary to the previous paragraph, 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 where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon the consumer’s request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in case of conflicting conditions, the consumer may always invoke the applicable provision most favorable to them.
If one or more provisions of these general terms and conditions are null and void or annulled at any time, the agreement and these conditions will otherwise remain in force, and the relevant provision will be replaced by mutual agreement by a provision that approximates the meaning of the original provision as closely as possible.
Situations not regulated in these general terms and conditions must be assessed in the spirit of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions must 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 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 offered products and/or services. The description is sufficiently detailed to enable a proper 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 errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Product images are truthful representations. 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, including the price (excluding clearance fees and import VAT), shipping costs, how the agreement will be concluded, whether the right of withdrawal applies, payment, delivery and performance methods, the period for accepting the offer, rates for distance communication, whether the agreement is archived and accessible, data verification and correction options, other available languages, applicable codes of conduct, and minimum contract duration for continuous transactions.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and fulfills the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may inquire within legal frameworks whether the consumer can meet their payment obligations, as well as all facts and factors important for a responsible distance contract. If the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or attach special conditions.
The entrepreneur will provide the consumer with the following information in writing or on a durable data carrier: the entrepreneur's address for complaints, the conditions and method for exercising the right of withdrawal or a statement excluding it, warranty and service information, data from Article 4(3) unless already provided, and termination requirements for long-term agreements. In continuous transactions, this applies only to the first delivery. Each agreement is entered under the suspensive condition of product availability.
Article 6 – Right of Withdrawal
When purchasing products, the consumer may dissolve the agreement without giving reasons within 14 days. This period starts the day after the consumer or an appointed representative receives the product.
During this period, the consumer will handle the product and packaging carefully, unpacking or using it only to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer must return the product with all accessories, if reasonably possible in original condition and packaging, according to reasonable and clear instructions.
The consumer must notify the entrepreneur within 14 days of receipt if they wish to exercise the right of withdrawal via written communication/email. After notification, the product must be returned within 14 days. The consumer must prove timely return, e.g., by proof of shipment. If not notified or returned within these periods, the purchase is final.
Article 7 – Costs in Case of Withdrawal
If the consumer uses the right of withdrawal, return costs are borne by the consumer. If the consumer has paid, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product is received or proof of return is provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3, provided this was clearly stated before the agreement. Exclusion applies to:
- Products made to consumer specifications;
- Clearly personal products;
- Products that cannot be returned due to their nature;
- Perishable or aging products;
- Products whose prices are tied to financial market fluctuations;
- Newspapers and magazines;
- Sealed audio, video, and software if unsealed;
- Sealed hygienic products if unsealed.
Exclusion applies to services: - Regarding accommodation, transport, catering, or leisure on a specific date;
- Services started with the consumer’s consent before the withdrawal period ended;
- Betting and lotteries.
Article 9 – The Price
Prices will not be increased during the validity period, except for VAT changes. Price changes for products tied to market fluctuations are allowed and stated in the offer. Price increases within 3 months after agreement conclusion are only permitted if based on laws or regulations. After 3 months, only if agreed and the consumer can terminate. Delivery is considered outside the EU; thus, no VAT will be charged, and the postal service will collect import VAT/fees. All prices are subject to printing errors, for which no liability is accepted.
Article 10 – Conformity and Warranty
The entrepreneur guarantees conformity with the agreement and specifications. Defects must be reported within 14 days of delivery. Returns must be in original condition. The warranty period equals the manufacturer’s warranty. Warranty does not apply if the consumer altered or misused products, or if defects result from government regulations.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders.
Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders as soon as possible but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified within 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.
In case 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 impossible, the entrepreneur will strive to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur's account.
The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite agreement that aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that aims at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
- at any time and not limited to termination at a specific time or during a specific period;
- at least in the same way as they were entered into;
- always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
A fixed-term agreement that aims at the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
Contrary to the previous paragraph, a fixed-term agreement that aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the renewal with a notice period of no more than one month.
A fixed-term agreement that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement aims at the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
A limited-duration agreement for the regular introduction delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If an agreement lasts more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1.
In the case of an agreement for the provision of a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet their payment obligation(s), the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 – Complaints Procedure
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 defects.
Complaints submitted to the entrepreneur will be answered within 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 confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
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 is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer lives abroad.