General conditions
- Visiting address of the trader's premises where the consumer can turn to with complaints;
- The conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- information about warranties and existing customer service;
- the information included in Article 4.3 of these terms and conditions, unless the entrepreneur has already provided the consumer with this information before the execution of the contract;
- The requirements for termination of the agreement if the agreement has a term of more than one year or is indefinite.
In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded on suspensive conditions regarding sufficient access to the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the opportunity to dissolve the agreement without giving reasons for 14 days. This cooling-off period begins the day after receipt of the product by the consumer or a representative previously appointed by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the contractor with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the contractor.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the trader of this within 14 days of receiving the product. The consumer must notify this by means of a written message/e-mail. After the consumer has notified that he wants to exercise his right of withdrawal, he must return the item within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of dispatch.
If the customer has not expressed his desire to use his right of withdrawal or has not returned the product to the contractor after the end of the periods mentioned in points 2 and 3, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the consumer must bear the cost of returning the products.
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 is subject to the condition that the product has already been received back by the contractor or conclusive evidence of full return can be provided.
Article 8 - Exclusion of right of withdrawal
The trader can exclude the consumer's right of withdrawal for products described in points 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:
- which is accomplished by the contractor in accordance with the consumer's specifications;
- which are clearly personal in nature;
- which cannot be returned due to its nature;
- which can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for sound and image recordings and computer programs whose seals have been broken by the consumer.
- for hygiene products whose seals have been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- about accommodation, transport, restaurant operations or leisure activities to be carried out on a certain date or during a certain period;
- whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
- About betting and lotteries.
Article 9 - The price
During the validity period specified in the offer, the prices of the products and/or services offered will not increase, with the exception of price changes due to changes in VAT rates.
Deviating from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market that are beyond the entrepreneur's control, with variable prices. This connection to fluctuations and the fact that all quoted prices are target prices must be stated in the offer.
Price increases within 3 months from the conclusion of the agreement are only permitted if they follow statutory provisions or regulations.
Price increases from 3 months after the conclusion of the agreement are only permitted if the contractor has determined it and:
- they follow from statutory regulations or provisions, or
- the consumer has the right to terminate the agreement from the day the price increase takes effect.
According to section 5.1 of the Sales Tax Act 1968, the place of delivery is in the country where the transport begins. In the current case, the delivery takes place outside the EU. After this, the postal or courier company will collect import VAT or customs duties from the customer. Accordingly, no VAT will be charged by the contractor.
All prices are subject to printing and typesetting errors. No responsibility is accepted for the consequences of printing errors and typesetting errors. In the event of typographical and typesetting errors, the contractor is not obliged to deliver the product according to the incorrect price.
Article 10 - Compliance and Warranty
The contractor warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for soundness and/or usability and the existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If so agreed, the contractor also guarantees that the product is suitable for other than normal use.
A warranty provided by the contractor, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the contractor on the basis of the contract.
Any defective or incorrectly delivered products must be reported to the contractor in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final 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 himself or had a third party repair and/or modify them;
The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the contractor's instructions and / or treated on the packaging;
The inaccuracy is wholly or partly a consequence of regulations introduced or to be introduced by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and Enforcement
The contractor will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has notified the company.
Subject to what is stated in Article 4 of these General Terms and Conditions, the Company will execute accepted orders with appropriate speed but no later than within 30 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled partially, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to cancel the agreement without costs and the right to possible damages.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of the termination.
If the delivery of an ordered product proves impossible, the contractor will make an effort to provide a replacement item. At the latest on delivery, it will be reported in a clear and comprehensible way that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs for any return shipping must be borne by the contractor.
The risk of damage and/or loss of products rests with the contractor until the time of delivery to the consumer or a representative previously appointed and made known to the contractor, unless otherwise expressly agreed.
Article 12 - Duration Transactions: Duration, Termination and Renewal
Termination
The consumer may at any time terminate an open-ended contract entered into for the regular supply of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract entered into for the regular supply of products (including electricity) or services at any time towards the end of the fixed-term period, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may change the agreements mentioned in the preceding paragraphs:
terminate at any time and are not limited to termination at a particular time or for a particular period;
at least finish them in the same manner as they were begun by him;
always with the same notice period as the contractor has determined for himself.
Extension
An agreement entered into for a fixed period of time and which includes the regular supply of goods (including electricity) or services may not be implicitly extended or renewed for a fixed period of time.
Notwithstanding the preceding paragraph, a fixed-term contract entered into for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period not exceeding three months, if the consumer can terminate the extended contract towards the end of the extension with a notice period of not exceed one month.
A fixed-term contract entered into for the regular supply of goods or services may only be renewed by tacit consent for an indefinite period if the consumer can terminate the contract at any time with a notice period not exceeding one month and a notice period not exceeding three months if the contract concerns regular delivery of daily or weekly newspapers and magazines, but less than once a month.
A time-limited agreement for the regular delivery of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not automatically extended and ends automatically at the end of the trial or introductory period.
Duration
If an agreement has a term 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 term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the consideration period referred to in Article 6.1 has started to run. 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 is obliged to immediately report inaccuracies in payment information provided or mentioned to the contractor.
In the event that the consumer does not pay, subject to legal limitations, the entrepreneur is entitled to charge the reasonable costs known to the consumer in advance.
Article 14 - Complaints Procedure
Complaints about the implementation of the contract must be submitted to the contractor within 7 days, fully and clearly described, after the consumer has identified the shortcomings.
Complaints submitted to the contractor 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 14-day period with a notification of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises which may be subject to dispute resolution.
A complaint does not waive the operator's obligations unless the operator states otherwise in writing.
If the Operator deems the complaint to be valid, the Operator will, at its sole discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Agreements between the entrepreneur and the consumer to which these general conditions relate are governed exclusively by Dutch law. Even if the consumer resides abroad.
Article 16 - CESOP
Due to the measures introduced and tightened from 2024 regarding the "Amendment to the Turnover Tax Act 1968 (Payments Service Providers Directive Implementation Act)" and thus the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers can register data in the European CESOP system.