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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 may exercise the right of withdrawal;
  • Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Extended transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
  • Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;
  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  • Model withdrawal form: the model form made available by the entrepreneur which the consumer may complete when exercising the right of withdrawal;
  • Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
  • Distance contract: an agreement concluded within the framework of an organized system for distance selling, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement;
  • Means of distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same place;
  • General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

{GENERAL_COMPANY_NAME}
{GENERAL_ADDRESS}, {GENERAL_POSTCODE} {GENERAL_CITY}, {GENERAL_COUNTRY}

Telephone number
{GENERAL_PHONE_NUMBER}

Email address
{GENERAL_EMAIL}

Chamber of Commerce number
{GENERAL_COMPANY}

VAT identification number
{GENERAL_VAT}

If the entrepreneur’s activity is subject to a licensing system: details of the supervisory authority.

If the entrepreneur practices a regulated profession:

  • the professional association or organization to which they belong;
  • the professional title and the place in the EU/EEA where it was granted;
  • a reference to the professional rules applicable in the Netherlands and information on where and how these rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated where the terms and conditions can be inspected and that they will be sent free of charge upon request.

If the contract is concluded electronically, the terms and conditions may be made available electronically in such a way that they can easily be stored on a durable medium.

If specific product or service conditions apply in addition to these general conditions, these shall also apply. In case of conflicting provisions, the consumer may always invoke the provision most favorable to them.

If one or more provisions are invalid or void, the remaining provisions shall remain fully effective. The invalid provision shall be replaced by one that most closely reflects the original intent.

Situations not covered by these terms and conditions should be assessed “in the spirit” of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated.

The offer is non-binding. The entrepreneur is entitled to amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. Images are a truthful representation. Obvious mistakes or errors do not bind the entrepreneur.

All images, specifications, and data are indicative and cannot give rise to compensation or dissolution of the agreement.

Product images are a faithful representation of the products offered. The entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.

Each offer contains information that makes clear to the consumer:
a. the price including taxes;
b. any shipping costs;
c. how the agreement will be concluded;
d. whether the right of withdrawal applies;
e. payment, delivery, and performance methods;
f. the validity period of the offer;
g. communication costs if applicable;
h. whether the agreement is archived;
i. how the consumer can review and correct information provided;
j. available languages;
k. applicable codes of conduct;
l. the minimum duration of the agreement for extended transactions;
m. available sizes, colors, and material types.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the stated conditions.

If acceptance occurs electronically, the entrepreneur shall immediately confirm receipt electronically. Until such confirmation has been received, the consumer may dissolve the agreement.

The entrepreneur shall take appropriate technical and organizational security measures for electronic transactions.

The entrepreneur may investigate whether the consumer can fulfill payment obligations.

The entrepreneur shall provide the consumer with:

  • contact details for complaints;
  • information on the right of withdrawal;
  • warranty and after-sales service information;
  • termination conditions for long-term agreements.

Every agreement is entered into subject to sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement within 14 days without giving reasons.

During the cooling-off period, the consumer shall handle the product and packaging with care. The product may only be unpacked to the extent necessary to assess it.

If the consumer exercises the right of withdrawal, the product must be returned with all accessories and, if reasonably possible, in its original condition and packaging.

The consumer must notify the entrepreneur within 14 days of receipt if they wish to exercise the right of withdrawal. The product must then be returned within 14 days.

For services, the consumer has a minimum withdrawal period of 14 days from the conclusion of the agreement.

Article 7 – Costs in Case of Withdrawal

The consumer bears at most the direct cost of returning the product.

Any payments made by the consumer shall be refunded within 14 days, provided the returned goods have been received or proof of return has been supplied.

If the product is damaged due to careless handling, the consumer may be liable for depreciation in value.

Article 8 – Exclusion of the Right of Withdrawal

Exclusion of the right of withdrawal is only possible if clearly stated in advance.

This may apply to:

  • custom-made products;
  • personal products;
  • perishable products;
  • products subject to market fluctuations;
  • opened audio/video recordings or software;
  • opened hygiene products.

Exclusion for services may apply to:

  • accommodation, transport, restaurant, or leisure services on specific dates;
  • services that have already started with the consumer’s consent;
  • betting and lotteries.

Article 9 – Prices

During the validity period stated in the offer, prices shall not be increased except due to changes in VAT rates.

Variable pricing due to financial market fluctuations may apply if clearly stated.

All prices include VAT.

Printing and typographical errors are reserved.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement and legal requirements.

Manufacturer or importer warranties do not affect the consumer’s statutory rights.

Defective or incorrectly delivered products must be reported in writing within 7 days.

Returned products must be unused and in original packaging with original labels.

Article 11 – Delivery and Execution

The entrepreneur shall exercise the utmost care when processing and executing orders.

Delivery takes place at the address specified by the consumer.

Orders shall be executed as quickly as possible and no later than within 30 days unless otherwise agreed.

In case of delay, the consumer shall be informed in time and may dissolve the agreement free of charge.

Risk of damage or loss remains with the entrepreneur until delivery to the consumer.

Article 12 – Duration Transactions: Duration, Termination and Renewal

The consumer may terminate agreements concluded for an indefinite period at any time with a notice period of up to one month.

Fixed-term agreements may not be tacitly renewed except under specific conditions for subscriptions.

For agreements longer than one year, the consumer may terminate after one year with a maximum notice period of one month.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period commences.

The consumer must immediately report inaccuracies in payment details.

In case of non-payment, the entrepreneur may charge reasonable costs.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure.

Complaints must be submitted within 7 days after the defect has been identified.

Complaints will be answered within 14 days.

If affiliated with WebwinkelKeur, unresolved complaints may be submitted to https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil/ for mediation.

Article 15 – Disputes

Dutch law exclusively applies to agreements between entrepreneur and consumer.

The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions may not be detrimental to the consumer and must be recorded in writing or on a durable medium.