Article 1 – Definitions

In these Terms and Conditions, the following terms shall have the meanings set out below:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.

Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

Consumer: the natural person who is not acting for purposes relating to their trade, business or profession and who enters into a contract with the trader.

Day: calendar day.

Digital content: data produced and supplied in digital form.

Long-term transaction: a contract relating to a series of products and/or services, for which the obligation to deliver and/or to purchase is spread over time.

Durable data carrier: any (auxiliary) device that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information, including email.

Right of withdrawal: the consumer’s option to dissolve the distance contract within the cooling-off period.

Model withdrawal form: the form for withdrawal made available by the trader which a consumer can complete if they wish to exercise their right of withdrawal.

Trader: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance.

Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products and/or services, whereby up to and including the time at which the contract is concluded, exclusive use is made of one or more means of distance communication with the consumer.

Means of distance communication: a method that can be used to conclude a contract at a distance without the consumer and the trader being simultaneously present in the same space.

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the Trader

Name of trader (registered name, optionally supplemented by trading name):
Business address: [YOUR ADDRESS] (no visiting address)

Email address: info@yourstorename.nl
Chamber of Commerce (KvK) number:
VAT identification number:

Article 3 – Applicability

These General Terms and Conditions apply to every offer of the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract it shall be indicated that the General Terms and Conditions can be inspected at the trader’s premises, how they can be inspected, and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions can 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 contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.

Where, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remaining provisions shall continue in full force and effect, and the void or annulled provision shall be replaced without delay, in mutual consultation, by a provision that approximates the purpose and intent of the original as closely as possible.

Situations not regulated in these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to suspensive or resolutory conditions or any other condition, this shall be expressly stated in the offer.

The trader’s offer is non-binding. The trader is entitled to modify and adjust the offer.

The trader’s offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images implying they depict the product offered, these images shall be a truthful representation of the products and/or services. Obvious mistakes or obvious errors in the offer do not bind the trader.

Images of products are a truthful representation of the products offered. However, the trader cannot guarantee that the colours displayed will exactly match the actual colours 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, in particular:

the price including taxes;
any shipping costs;
the manner in which the contract will be concluded and which steps are required;
whether a different rate is charged for distance communication if the cost of using the means of distance communication is calculated on a basis other than the basic rate;
whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;
the minimum duration of the distance contract in the case of a long-term transaction;
whether the right of withdrawal applies;
the method of payment, delivery and performance of the contract.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures.

Within the bounds of the law, the trader may obtain information on whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to a sound conclusion of the distance contract. If, based on this investigation, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or application, stating reasons, or to attach special conditions to its performance.

The trader shall provide the following information to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:

the visiting address of the trader’s business establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information on guarantees and existing after-sales service;
the price, including taxes, of the product, service or digital content;
the delivery costs, insofar as applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For delivery of products

The consumer has the right to dissolve the contract without giving reasons within 14 days of purchasing products. The cooling-off period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.

The intermediary’s warranty period is the same as the manufacturer’s warranty period. However, the intermediary is never responsible for the ultimate suitability of the products for an individual application by the buyer, nor for any advice regarding the use or application of the products.

In the event of a warranty claim, the intermediary will, at its discretion, arrange for replacement or repair. In the event of replacement, the buyer undertakes to return the replaced item to the intermediary.

The warranty does not apply if:

the buyer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the intermediary’s instructions and/or those on the packaging;
the defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used;
Hygiene products cannot be taken back or refunded, particularly in light of current COVID-19 measures. A non-exhaustive list of hygiene products that cannot be returned or refunded includes: underwear, bikinis, make-up, hair-styling products, beauty products, etc.

If:

the consumer has ordered multiple products in one order, the cooling-off period starts on the day on which the consumer, or a third party designated by them, has received the last product. The trader may, provided the consumer has been clearly informed of this prior to the ordering process, refuse an order for multiple products with different delivery times;
the delivery of a product consists of several shipments or parts, the cooling-off period starts on the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
the contract concerns the regular delivery of products over a certain period, the cooling-off period starts on the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium

In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may dissolve the contract without giving reasons for fourteen days. These fourteen days commence on the day following the conclusion of the contract.

Extended cooling-off period where information on the right of withdrawal was not provided

If the trader has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period as established in the preceding paragraphs of this Article.

If the trader provides the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall unpack or use the product only to the extent necessary to determine the nature, characteristics and functioning of the product. If they exercise the right of withdrawal, they shall return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the trader within 14 days after receiving the product. The consumer must do so using the model withdrawal form. After notifying the trader of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises the right of withdrawal, at most the costs of return shipment shall be borne by the consumer.

The trader shall refund the purchase amount as soon as possible and no later than 14 days after withdrawal, using the same method of payment used by the consumer. Receipt by the webshop or conclusive proof of complete return shipment is required.

Any depreciation of the product resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product is for the consumer’s account. This cannot be invoked if the trader has not provided all legally required information regarding the right of withdrawal prior to the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

Exclusion of the right of withdrawal is only possible if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract, and it concerns one of the products listed in paragraphs 2 and 3.

Exclusion is only possible for the following products:

that are made by the trader according to the consumer’s specifications;
that are clearly of a personal nature;
that can spoil or age quickly;
whose price is subject to fluctuations on the financial market that the trader cannot influence;
single issues of newspapers and magazines;
audio and video recordings and computer software whose seal has been broken by the consumer;
hygiene products whose seal has been broken by the consumer. Hygiene products cannot be taken back or refunded, particularly in light of current COVID-19 measures. A non-exhaustive list of hygiene products that cannot be returned or refunded includes: underwear, bikinis, make-up, hair-styling products, beauty products, etc.

Exclusion is only possible for the following services:

relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
where performance has begun with the consumer’s express consent before the cooling-off period has expired;
relating to bets and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market and over which the trader has no influence, at variable prices. This linkage to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are permitted only if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are permitted only if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the authority to terminate the contract as of the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the erroneous price.

Special or additional customs clearance costs and/or import duties are not included in the price and are payable by the customer.

Article 10 – Warranty and Conformity

The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also warrants that the product is suitable for use other than normal use.

Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract. This includes any obligation of the trader, its supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do if they have failed to fulfil their part of the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks after delivery. Returns must be made in the original packaging and in new condition.

The warranty does not apply if:

the consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the trader and/or those on the packaging;
the unsoundness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used;
Hygiene products cannot be taken back or refunded, particularly in light of current COVID-19 measures. A non-exhaustive list of hygiene products that cannot be returned or refunded includes: underwear, bikinis, make-up, hair-styling products, beauty products, etc.

Article 11 – Delivery and Performance

The trader will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this Article, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without cost. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this Article, the trader shall refund the amount paid by the consumer as soon as possible and at the latest within 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader shall endeavour to make a replacement item available. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. Any costs of a return shipment are for the trader’s account.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination and Renewal

Termination
The consumer may at any time terminate a contract concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at the end of the fixed term at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;
at least in the same way as they were entered into by the consumer;
always with the same notice period as the trader has stipulated for themselves.

Renewal
A contract concluded for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

In deviation from the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a definite period and which extends to the regular delivery of products or services may 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 if the contract extends to the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration for the regular delivery by way of introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.

Duration
If a contract has a duration of more than one year, the consumer may terminate the contract 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, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in payment details provided or indicated to the trader without delay.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs that have been made known to the consumer in advance.

The consumer may pay using the following methods: iDEAL, Bancontact, Klarna, KBC/CBC, Belfius Direct Net, and Credit Card (AMEX, Mastercard, Maestro and Visa).

Article 14 – Complaints Procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the contract must be submitted to the trader within a reasonable time after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period 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, a dispute arises that is subject to the disputes procedure.

Article 15 – Disputes

Contracts between the trader and the consumer to which these General Terms and Conditions relate are governed exclusively by Dutch law.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

— To:

Company name
Address
Postcode
Email
Telephone number

— I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods / for the provision of the following service ():

— Ordered on (DD-MM-YYYY):
— Order number:
— Received on (DD-MM-YYYY):
— Name(s) of consumer(s):
— Address of consumer(s):
— IBAN account number:
— Signature of consumer(s) (only if this form is submitted on paper):
— Date (DD-MM-YYYY):

(*) Delete as appropriate.

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