Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer shall not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Images accompanying products 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 shall contain information such that it is clear to the consumer what rights and obligations are associated with accepting the offer. This includes in particular:
the price, excluding customs clearance costs and import VAT. These additional costs shall be borne by the customer at their own risk. With regard to importation, the postal and/or courier service will use the special scheme for postal and courier services. This scheme applies when the goods are imported into the EU country of destination, which is also the case herein. The postal and/or courier service collects VAT (whether together with the invoiced customs clearance costs) from the recipient of the goods; the possible costs of shipping; the manner in which the agreement will be concluded and the actions required for it; the applicability of the right of withdrawal; 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 amount of the fee for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication means used; whether the agreement will be archived after its conclusion, and if so, how it will be made accessible to the consumer; the manner in which the consumer, prior to entering into the agreement, can check the information provided by him in the context of the agreement and, if desired, correct it; any other languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and the minimum duration of the remote agreement in case of a continuous transaction. 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 out therein.
If the consumer accepts the offer electronically, the entrepreneur shall 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 may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall 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 shall take appropriate security measures for this purpose.
Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.
The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can address complaints; the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication regarding the exclusion of the right of withdrawal; information about warranties and existing after-sales service; the data referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a continuous transaction, the provision in the preceding paragraph shall apply only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
In the purchase of products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a pre-designated representative made known to the entrepreneur by the consumer.
During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he shall return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receipt of the product. The consumer must do so by means of a written message/email. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If the customer has not indicated within the specified periods in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return shipment can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement. Exclusion of the right of withdrawal is only possible for products:
which are made according to the consumer's specifications; which are clearly personal in nature; which cannot be returned due to their nature; which can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no control; for loose newspapers and magazines; for audio and video recordings and computer software that the consumer has broken the seal of. for hygienic products (underwear, bras) Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period; where the delivery has commenced with the explicit consent of the consumer before the cooling-off period has expired; concerning betting and lotteries. Article 9 – The price
During the validity 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 may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These 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 agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
these are the result of legal regulations or provisions; or the consumer has the authority to terminate the agreement from the day the price increase takes effect. Delivery takes place in accordance with Article 5, paragraph 1, of the Value Added Tax Act 1968 in the country where the transport commences. In the present case, this delivery takes place outside the EU. Following this, import VAT or clearance costs will be collected by the postal or courier service from the recipient. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and 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 soundness 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 purposes other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, 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 or modified the delivered products himself or had them repaired or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; The defectiveness is wholly or partly the result of regulations that the government has or will impose on the nature or quality of the materials used. Article 11 – Delivery and execution
The entrepreneur shall take the greatest possible care when receiving and executing orders for products.
Subject to what is stated about this in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if an order cannot be or only partially executed, the consumer shall be notified of this no later than 30 days after he placed the order. In such cases, the consumer has the right to dissolve the agreement free of charge and to compensation for any damages incurred.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If it is impossible to deliver a product that has been ordered, the entrepreneur shall endeavor to make a replacement item available. Clear and understandable notification shall be provided before delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a pre-designated and the entrepreneur's known representative, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination, and extension
Termination
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to 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 can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time at the end of the agreed 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 referred to in the previous paragraphs:
at any time and shall not be limited to termination at a specific time or during a specific period; terminate at least in the same manner as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself. Extension
An agreement that has been 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 duration.
In deviation from the previous paragraph, an agreement that has been concluded for a definite period and which extends to the regular delivery of day, news, and weekly newspapers and magazines may be tacitly renewed for a definite duration of up to 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 that has been concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite duration 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 in the event the agreement extends to the regular, but less than once a month, delivery of day, news, and weekly newspapers and magazines.
An agreement with a duration of less than one year for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall terminate automatically upon expiry of 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 the reasonableness and fairness preclude termination before the agreed duration expires.
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 referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of consumer default, the entrepreneur shall, subject to statutory limitations, be entitled to charge the consumer the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message 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 susceptible to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, 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 governed exclusively by Dutch law, even if the consumer resides abroad.
