Term of service

Terms and Conditions

Article 1 – Definitions Under these conditions, we mean:

  • Reflection Period: The period within which the consumer can use their right of withdrawal;
  • Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: Calendar day;
  • Indefinite Term Transaction: A distance contract with regard to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  • Durable Medium: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future access and reproduction without any changes;
  • Right of Withdrawal: The option for the consumer to withdraw from the distance contract within the reflection period;
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
  • Distance Contract: A contract concluded within the framework of an organized system for distance selling of products and/or services organized by the entrepreneur, whereby up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively;
  • Technology for Distance Communication: Means that can be used to conclude a contract, without the consumer and entrepreneur being in the same place at the same time;
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Company Name: Available on request

Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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 are available for inspection at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible at their request. If the distance contract is concluded electronically, the text of these general terms and conditions can, by way of deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise at their request. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting general terms and conditions. If one or more provisions of these general terms and conditions at any time are 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 by a provision that approximates the intent of the original as closely as possible. Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions. Ambiguities about the interpretation or content of one or more provisions of our Terms and Conditions will 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 under conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur has the right 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price, excluding customs duties and import VAT. These additional costs are for the account and risk of the customer. The postal or courier service applies the special procedure for postal and courier services upon import. This procedure applies when the goods are imported into the EU country of destination, which is the case here. The postal service or courier collects the VAT (possibly with customs duties) from the recipient of the goods; any delivery costs; how 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 accepting the offer or the period within which the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the used communication tool; whether the agreement is archived after its conclusion, and if so in which way it can be consulted by the consumer; the way in which the consumer can check and, if necessary, correct the data provided by them in the context of the agreement before concluding it; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected itself 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 a transaction of indefinite duration. Optional: available sizes, colors, types 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 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution. The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, at the latest upon delivery of the product or service: the address of the entrepreneur's establishment where the consumer can lodge complaints; the conditions and 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 existing after-sales services and guarantees; the data 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 indefinite term transaction, the provision in the previous paragraph applies only to the first delivery. Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a pre-designated representative announced to the entrepreneur. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they will return the product with all delivered accessories and, if reasonably possible, in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to use their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer can do this using the standard withdrawal form or another communication method, such as email. After the consumer has indicated that they wish to use their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered products have been returned on time, for example by providing proof of shipment. If the consumer has not expressed their intention to use their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal If the consumer makes use of their right of withdrawal, the costs of returning the products are for their account. 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 withdrawal. This condition is subject to the receipt of the returned product by the entrepreneur or the provision of a full proof of return.

Article 8 – Exclusion of the Right of Withdrawal The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least before concluding the contract. Exclusion of the right of withdrawal is only possible for products:

  • that have been created according to the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that spoil or age quickly;
  • whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
  • for newspapers and magazines sold individually;
  • for audio and video recordings and computer software of which the consumer has broken the seal;
  • for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:
  • concerning reservations of accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
  • whose delivery has begun with the consumer's explicit consent before the end of the reflection period;
  • concerning bets and lotteries.

Article 9 – The Price During the 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 paragraph, the entrepreneur can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependency on fluctuations and the fact that any indicated prices are indicative prices will be mentioned in the offer. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal or regulatory provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they result from legal or regulatory provisions; or
  • the consumer has the right to terminate the agreement on the date the price increase takes effect. The place of delivery is determined in accordance with Article 5, first paragraph, of the VAT Act 1968, and is located in the country where the transport starts. In this case, this delivery takes place outside the EU. Therefore, import VAT and customs duties are collected by the postal service or courier from the buyer. No VAT is charged by the entrepreneur. All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the event of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty 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 agreement. Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of 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. 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 otherwise handled contrary to the instructions of the entrepreneur and/or on the packaging;
  • The defects are the result of regulations set by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution The entrepreneur will take the utmost care in receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with all due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost and may be entitled to compensation. In case of dissolution according to the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution. If delivery of an ordered product is impossible, the entrepreneur will strive to make a replacement item available. At the latest at delivery, it will be clearly and comprehensively stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The return costs 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 pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal Termination The consumer can terminate an agreement for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month. The consumer can terminate an agreement for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed period with due observance of the agreed termination rules and a notice period of no more than one month. The consumer can terminate the agreements mentioned in the previous paragraphs:

  • at any time and not be limited to termination at a specific time or during a specific period;
  • at least in the same way as they were concluded;
  • always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal An agreement concluded for a definite period, which extends to the regular delivery of products (including newspapers, news, and magazines) or services, cannot be tacitly renewed or extended for a definite period. In deviation from the previous paragraph, an agreement concluded for a definite period, which extends to the regular delivery of newspapers, news, and magazines, may be tacitly renewed for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement concluded for a definite period, which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement concerns the regular but less than monthly delivery of newspapers, news, and magazines. A definite-term agreement for the regular delivery of newspapers, news, and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.

Duration If an agreement has a duration of 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 oppose 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 reflection period referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement. The consumer has the duty to report inaccuracies in provided or stated payment data 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 previously communicated reasonable costs to the consumer.

Article 14 – Complaints 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 longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to mediation. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is justified, the entrepreneur will, at their discretion, 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, even if the consumer lives abroad.

Article 16 – CESOP As a result of the measures introduced and tightened from 2024 with regard to the "Amendment of the Turnover Tax Act 1968 (Implementation Act Payment Service Providers Directive)" and thereby the implementation of the Central Electronic Payment Information System (CESOP), payment service providers may register data in the European CESOP system.