Terms and Conditions

Article 1 - Definitions

In these terms and conditions::

Reflection time: the period within which the consumer can use his right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into an agreement with the entrepreneur

Day: calendar day;

Endurance transaction: a distance agreement with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time

Sustainable data carrier: every means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that makes future consultation and unchanged reproduction of the stored information possible.

Right of withdrawal: the possibility for the consumer to refrain from the distance agreement within the cooling -off period;

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Remote agreement: an agreement in which, in the context of a system for sales for sale of goods and/or services organized by the entrepreneur, up to and including the conclusion of the agreement, use is made exclusively of one or more techniques for distance communication Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room

General Terms and Conditions: the present general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance agreement and order between entrepreneur and consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed to the trader and that they will be sent to him free of charge as soon as possible at the request of the consumer.

Contrary to the previous paragraph, if the distance agreement is concluded electronically, the text of these General Terms and Conditions is made available to the consumer in electronic form before the closure of the distance agreement in such a way that it can be stored in a simple manner on a sustainable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be taken into account electronically and that they will be sent free of charge electronically or in any other way at the request of the consumer.

If, in addition to these general terms and conditions, special product or services are also applicable, paragraphs 2 and 3 apply mutatis mutandis and the consumer can always invoke the provision that is most favorable for him in the event of conflicting general terms and conditions.

If one or more provisions of these General Terms and Conditions are wholly or partially void at any time, the rest of the agreement and these general terms and conditions will remain in force and the provision in question will be replaced immediately, in mutual consultation, by a provision that approaches the scope of the original provision as close as possible. 

Situations that are not covered by these general terms and conditions must be assessed "according to the spirit" of these general terms and conditions.

Any ambiguities with regard to the interpretation or the content of one or more provisions of our general terms and conditions must be interpreted "according to the spirit" of these general terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The range is subject to change. The entrepreneur has the right 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 correctly assess the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or apparent errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.

The images of the products are a faithful representation of the products offered. The company cannot guarantee that the colors shown correspond exactly with the actual colors of the products.

Each offer contains information from which the consumer can draw up which rights and obligations are attached to the acceptance of the offer. This concerns in particular: the price, with the exception of the clearing costs and the VAT for input. These extra costs are for the account and risk of the customer. The postal and/or courier service uses the special regulation for postal and courier services for input. This regulation applies if the goods are entered in the EU country of destination, which is the case here. The postal and/or courier company intenses the VAT (also in connection with the clearing costs) with the recipient of the goods; the costs of shipment, if applicable; the way in which the agreement must be concluded and the acts necessary for its establishment; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the agreement; the period for acceptance of the offer or the period within which the trader guarantees the price; the amount of the distance for remote communication, if the costs of using the remote communication technology are calculated on a basis other than the normal basic rate for the communication technique used; whether the agreement is archived after its closure and, if so, how it can be consulted by the consumer; the way in which the consumer, before the conclusion of the agreement, can check the information provided by him in the context of the Agreement and, if desired, correct it; all languages ​​other than the Dutch in which the agreement can be concluded; the codes of conduct to which the trader is subject and the way in which consumers can consult those codes of conduct electronically; and the minimum duration of the distance agreement in the event of a longer transaction.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the compliance with the conditions set with it.

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 trader, the consumer can terminate the agreement. 

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and to guarantee a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety measures.

The trader can - within the legal framework - obtain information about whether the consumer is able to meet his payment obligations and about all those facts and factors that are important for a responsible for concluding the distance agreement. If the trader has good reasons for not entering into the agreement on the basis of this investigation, he is entitled to refuse an order or request or to attach special conditions to the implementation.

The trader provides the consumer, together with the product or service, in writing or in such a way that the consumer can be stored in an accessible manner on a sustainable data carrier, the following information

1. the address of the business seat of the trader where the consumer can go with complaints;

2. the conditions under which and the way in which the consumer can use his right of withdrawal, or a clear report of being excluded from the right of withdrawal;

3. the information about guarantees and the existing service after sale;

4. the information referred to in Article 4 (3) of these terms and conditions, unless the trader has provided this information to the consumer before the implementation of the agreement; 

5. The conditions for cancellation of the agreement if the agreement has a duration of more than one year or an indefinite period.

In the event of a term agreement, the provisions of the previous paragraph only apply to the first delivery.

Each agreement is concluded under the condition suspended of sufficient availability of the products involved.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option of dissolving the agreement for 14 days without giving reasons. This cooling -off period starts on the day after the consumer or a representative designated by the consumer and the trader in advance has received the product.

During the cooling -off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to that extent insofar as it is necessary to be able to assess whether it wishes to retain the product. If he uses his right of withdrawal, he will send the product with all accessories supplied and, insofar as reasonable, back to the trader in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader. The costs for returning the product are for the account of the consumer.

If the consumer wishes to make use of his right of withdrawal, he must inform the entrepreneur of this within 14 days of receiving the product. The consumer must do this in the form of a written notification/e-mail.

After the consumer has announced that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered product has been returned in time, for example by proof of shipment.

If the customer did not know after the end of the deadlines referred to in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal, whether the product has not returned to the trader, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer has paid an amount, the trader will repay this amount as soon as possible, but no later than within 14 days after the withdrawal. The condition is that the goods have already arrived at the trader or that conclusive proof of the full return can be submitted.

Article 8 - Exclusion of the right of withdrawal

The trader can exclude the consumer from the 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 in time before the conclusion of the agreement.

The exclusion of the right of withdrawal is only possible for products

1. that have been established by the trader in accordance with the specifications of the consumer

2. which are clearly personal in nature

3. which cannot be returned by their nature, or 

4. who spoil or age quickly;

5. whose price is subject to fluctuations on the financial market on which the trader has no influence;

6. for individual newspapers and magazines;

7. for audio and video recordings and computer software whose seal has been broken by the consumer; and

8. For hygiene items whose consumers have broken the seal. 

The exclusion of the right of withdrawal is only possible for services:

1. to perform relevant accommodation, transport, hospitality or leisure activities on a specific date or during a certain period;

2. of which the delivery, with the express consent of the consumer, started before the cooling -off period has expired

3. On bets and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered cannot be increased, subject to price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the trader can offer products or services whose prices are bound by fluctuations on the financial market on which he has no influence, with variable prices. This connection with fluctuations and the fact that the prices mentioned are suggested retail prices is stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and::

1. they arise from legal provisions or regulations, or 

2. The consumer has the right to cancel the agreement with effect from the day on which the price increase starts.

According to Article 5 (1) of the VAT Act of 1968, the place of delivery is the country where transport starts. In that case, the delivery will take place outside the EU accordingly, the postal or courier company will demand the VAT for import and/or the Customer Customer Costs. That is why the entrepreneur will not charge VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at an incorrect price.

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, to 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 guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the warranty period of the

Manufacturer. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice with regard to the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or adjusted the products delivered themselves or has it repaired and/or adjusted by a third party;

The products delivered to abnormal circumstances have been exposed or otherwise careless or in violation of the entrepreneur's regulations have been treated and/or treated on the packaging;

The deficiency is wholly or partly due to regulations that the State has issued or will issue with regard to the species or the quality of the materials used.

Article 11 - Delivery and implementation

The entrepreneur will observe the greatest possible care when receiving and with the implementation of products.

The place of delivery is the address that the consumer has made known to the entrepreneur. It is the responsibility of the consumer to provide correct and full address details when placing an order. If the data specified by the consumer prove to be incorrect and this leads to the failure of the package, the consumer is liable for the resulting damage and costs.

With due observance of what is stated in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders with 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 or can only be carried out in part, the consumer will notify this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement free of charge and the right to any compensation.

In the event of dissolution in accordance with 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 it is not possible to deliver an ordered product, the entrepreneur will make an effort to make a replacement item available. At the latest when delivery, it must be reported in a clear and understandable manner that a replacement item is supplied. The right of withdrawal cannot be excluded for replacement articles. The costs of the return shipment are always for the account of the consumer, unless otherwise agreed.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative designated and to the entrepreneur, unless explicitly agreed otherwise.

Returns to supplier

Return shipments are sent directly to our supplier outside the Netherlands. Consult our return policy for specific conditions.

Fixing of delivery:

Once an order has been delivered to the specified address or at Buren, it will be considered delivered. The customer is responsible for timely checking the delivery at the delivery address or, if applicable, at the neighbors.

Reporting period for missing:

If an order has not been received, the customer must report this to us in writing within 7 days of the planned delivery date. This enables us to start an investigation at the delivery service in time and to solve any problems.

Time course and research:

Reports of loss submitted after 7 days may not be investigated or compensated, because the delivery service has limited options over time to verify delivery data. In such cases, further responsibility is to find the package at the customer.

Control of delivery information:

We send customers via email updates about delivery status. The customer is responsible for checking these e-mails, including in the spam map. It is the customer's responsibility to inform us if no delivery has taken place within the specified period.

Return costs for non-pick-up packages

If an order is delivered to a collection point due to the absence of the customer, the customer must collect the package within the period set by the carrier. In the event that the package is not collected within this period and is therefore returned to us, the costs for returning are for the account of the customer. These costs include the shipping costs for the return shipment, as well as any administrative costs related to the processing of the return shipment.

Article 12 - Continuation of the work: Duration, termination and extension

Planning

The consumer can at any time cancel the agreement entered into for an indefinite period of time and that is intended to regularly deliver products (including electricity) or services with due observance of the agreed cancellation rules and a notice period of at most one month.

The consumer can at all times cancel an agreement that has entered into a fixed -term period and that intends to regularly deliver products (including electricity) or services at the end of the fixed duration with due observance of agreed cancellation rules and a cancellation period of at most one month.

The consumer can cancel the agreements referred to in the previous paragraphs to terminate them at any time and not only terminate them at least at a certain time or during a certain period in the same way as they were concluded by him always cancel with the same notice period as the trader has determined for himself.

Expansion

An agreement that has been concluded for a fixed period and relates to the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a certain duration.

Contrary to the previous paragraph, an agreement of a fixed duration for the periodic provision of day and weekly magazines and magazines can be tacitly extended for a certain duration of at most three months, if the consumer has the right to cancel the extended agreement at the end of the extension period with due observance of a cancellation period of at most one month.

An agreement for fixed-term period regarding the regular delivery of goods or the transaction of services can only be extended for an indefinite period of time if the consumer has the option of terminating the agreement at any time with due observance of a notice period of at most one month, which in the event of an agreement for the regular delivery of day and weekly, but less than three months.

A temporary contract for the regular delivery of day and weekly newspapers and magazines (test or introduction subscription) is not tacitly continued and ends automatically after the test or introductory period ends.

Duration

If an agreement has a duration of more than a year, the consumer may at any time cancel the agreement with a cancellation period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer will be paid within 7 working days after the start of the reflection period referred to in Article 6 (1). In the event of an agreement on the granting of a service, this period will take effect after the consumer has received the confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in the information provided or the indicated payment to the operator.

In the event of non-payment by the consumer, the entrepreneur has the right to charge the consumer all the reasonable costs that have been communicated to him in advance.

Article 14 - Complaints

Complaints about the implementation of the agreement must be submitted in full and clearly defined to the entrepreneur within 7 days after the consumer has found the defects.

Complaints submitted to the trader will be answered within a period of 14 days after the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, of his choice or the products delivered, replace or repair it free of charge.

Article 15 - Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply. Even if the consumer lives abroad.