General Terms & Conditions
General Terms & Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the option for the consumer to dissolve 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 in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, one or more distance communication techniques are used exclusively up to and including the conclusion of the contract;
Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space simultaneously.
General Terms and Conditions: these current General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name:
Chamber of Commerce number:
Trade name:
VAT number:
Customer service email:
Business address:
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur 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, it will be indicated, before the distance contract is concluded, that the terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the contract is concluded, be provided to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed where the general conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service conditions apply, paragraphs 2 and 3 apply correspondingly, and in case of conflicting terms, the consumer may rely on the provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or canceled, the remainder of the agreement and the terms will remain in effect, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
Uncertainties regarding 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 subject to conditions, this will be stated explicitly in the offer.
The offering is non-binding. The entrepreneur is entitled to change or amend the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these represent the offered products and/or services truthfully. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to damages or dissolution of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information so that the consumer clearly understands the rights and obligations associated with accepting the offer. This includes in particular:
the price, excluding customs clearance costs and import VAT. These additional costs are at the consumer's expense and risk. Postal or courier services will apply the special arrangement for postal and courier services concerning imports into the EU, and will collect the VAT and any clearance costs from the recipient;
any shipping costs;
the method by which the agreement will be concluded and the actions required;
whether the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer or the period during which the entrepreneur guarantees the price;
the rate for distance communication if computed differently than the standard base rate;
whether the agreement will be archived after conclusion, and if so how it can be accessed by the consumer;
the manner in which the consumer can check and correct data provided in connection with the agreement before concluding it;
the languages other than Dutch in which the agreement may be concluded;
codes of conduct the entrepreneur is subject to and how the consumer may consult these electronically; and
the minimum duration of the distance contract in case of a long-term transaction.
Optional: available sizes, colours, material types.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions stated therein.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of acceptance electronically. 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 apply appropriate security measures.
The entrepreneur may, within legal boundaries, check whether the consumer can meet payment obligations, and gather information relevant to responsibly concluding the distance contract. If the entrepreneur has valid grounds not to conclude the contract based on this investigation, they are entitled to refuse the order or attach special conditions to execution.
The entrepreneur will provide the following to the consumer with the product or service, in writing or in a way that enables the consumer to store it on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer may lodge complaints;
the conditions and method for exercising the right of withdrawal, or a clear statement if withdrawal is excluded;
information regarding warranties and existing post-purchase service;
the information as described in Article 4 paragraph 3, unless already provided before the contract was performed;
requirements regarding termination of the agreement if it has a duration longer than one year or an indefinite duration.
In the case of a long-term transaction, the above applies only to the first delivery.
Every agreement is concluded under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 30 days. This period begins on the day after the consumer or a representative designated by the consumer has received the product.
During the reflection period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, following reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of the right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. Notification must be made through a written message/email. After notifying, the consumer must return the product within 30 days. The consumer must prove that the product was returned on time to the place of origin, which may also be directly to our supplier in China. Proof of shipment may serve as evidence.
If the consumer has not notified withdrawal or returned the product within the periods in paragraphs 2 and 3, the purchase becomes final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products are fully borne by the consumer, including potential costs for returning the product to the country of origin (our supplier in China).
If the consumer has paid an amount, the entrepreneur will refund this as soon as possible and no later than 30 days after withdrawal, provided the product has already been received back or conclusive proof of return has been 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 applies only if clearly stated in the offer or prior to contract conclusion.
Exclusion of the right of withdrawal is only possible for products:
made according to the consumer's specifications;
clearly personal in nature;
that cannot be returned due to their nature;
that may perish or age quickly;
whose price depends on market fluctuations outside the entrepreneur's control;
for newspapers and magazines;
for audio and video recordings and computer software where the seal has been broken by the consumer;
for hygienic products where the seal has been broken.
Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant services or leisure activities to be performed on a specific date or period;
that have begun with the consumer's explicit consent before the reflection period has expired;
relating to betting and lotteries.
Article 9 – The price
During the validity period stated in the offer, prices of the products and/or services will not be increased, except for VAT or tax changes.
Contrary to the above, the entrepreneur may offer products or services whose prices fluctuate on financial markets beyond their control at variable prices. These fluctuations and the indication that prices may be guide prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are allowed only if resulting from legislation or regulation.
Price increases from 3 months after conclusion are allowed only if this was stipulated and:
they are due to legal regulations; or
the consumer may terminate the agreement as of the date the price increase takes effect.
The place of supply, according to Article 5 paragraph 1 of the Dutch VAT Act 1968, is the country where transport begins. In this case, supply takes place outside the EU. Accordingly, postal or courier services will collect import VAT and clearance fees 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 such errors. In case of such 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 contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and applicable statutory provisions and government regulations at the date of the agreement. If agreed, the entrepreneur also guarantees suitability for non-ordinary use.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the consumer's statutory rights under the contract.
Any defects or incorrect deliveries must be reported in writing to the entrepreneur within 30 days of delivery. Return of products must occur in original packaging and in new condition.
The warranty period equals the factory warranty period. The entrepreneur is never responsible for the final suitability of products for each individual use by the consumer, nor for any advice regarding use.
Warranty does not apply if:
The consumer has repaired and/or processed products themselves or had them repaired/processed by third parties;
Products were exposed to abnormal conditions, treated carelessly, or used contrary to the entrepreneur's instructions or packaging;
Defects arise wholly or partly due to government regulations relating to materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders.
The delivery address is the address the consumer has provided.
In accordance with Article 4, accepted orders will be executed with due speed but no later than 30 days, unless the consumer agreed to a longer delivery period. If delivery is delayed, or an order cannot be fulfilled or only partially fulfilled, the consumer will be notified within 30 days. The consumer may dissolve the agreement free of charge and may claim compensation.
In case of dissolution as described above, the entrepreneur will refund the amount paid as soon as possible and no later than 30 days.
If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a replacement item. The consumer will be informed clearly if a replacement is delivered. The right of withdrawal cannot be excluded for replacements. Costs of returning replacements are at the entrepreneur's expense.
The risk of damage or loss remains with the entrepreneur until delivery to the consumer or a representative designated by them, unless otherwise agreed.
Article 12 – Long-term transactions: duration, termination and renewal
Termination
The consumer may terminate an indefinite agreement for regular delivery of products or services at any time with due regard to termination rules and a notice period of no more than one month.
The consumer may terminate a definite-term agreement for regular delivery of products or services at the end of the agreed term, with due regard to the termination rules and a notice period of no more than one month.
The consumer may in the above cases:
terminate at any time and not be limited to a specific date or period;
terminate in the same manner as the agreement was concluded;
always terminate with the same notice period the entrepreneur uses for themselves.
Renewal
A definite-term agreement for regular delivery of products or services may not be renewed or extended tacitly for a definite period.
Contrary to this, agreements for regular delivery of newspapers or magazines may be tacitly extended for a maximum of three months if the consumer can terminate at the end of the extension with a notice period of no more than one month.
A definite-term agreement for regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month or three months for less frequent deliveries.
Trial subscriptions for newspapers or magazines are not tacitly extended and end automatically.
Duration
If an agreement has a duration exceeding one year, the consumer may terminate at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose early termination.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. For service agreements, this period begins once the consumer receives confirmation of the agreement.
The consumer must immediately report inaccuracies in payment details to the entrepreneur.
In case of non-payment, the entrepreneur, subject to legal limitations, is entitled to charge reasonable costs notified in advance to the consumer.
Article 14 – Complaints procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer discovers the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 30 days. If a complaint requires a longer processing time, the entrepreneur will send an acknowledgment within 30 days and indicate when the consumer can expect a more detailed answer.
If the complaint cannot be resolved mutually, a dispute subject to dispute settlement arises.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified, the entrepreneur will replace or repair the product free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and consumer to which these general terms and conditions apply, even if the consumer resides abroad.