Terms of service
**Article 1 – Definitions**
In these terms and conditions, the following definitions apply:
**Cooling-off period:** The period within which the consumer can exercise their 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;
**Continuous transaction:** A distance contract concerning a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
**Durable data carrier:** Any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
**Right of withdrawal:** The option for the consumer to withdraw from the distance contract within the cooling-off period;
**Entrepreneur:** The natural or legal person who offers products and/or services at a distance to consumers;
**Distance contract:** A contract concluded within the framework of an organized system for the distance sale of products and/or services, where exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the contract;
**Technique for remote communication:** Means that can be used for concluding a contract, without the consumer and the entrepreneur being in the same room at the same time.
**General Terms and Conditions:** These General Terms and Conditions of the entrepreneur.
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**Article 2 – Identity of the entrepreneur**
Company name:
Chamber of Commerce number:
Trade name:
VAT number:
Customer service email:
Business address:
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**Article 3 – Applicability**
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, 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 where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic or other means upon request.
In cases where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable applicable provision in case of conflicting terms and conditions.
If one or more provisions of these general terms and conditions at any time are entirely or partially null or void, the remainder of the agreement and these conditions will remain in effect, and the affected provision will be replaced by a provision that approximates the original as closely as possible.
Situations that are not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
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**Article 4 – The Offer**
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or the dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:
- the price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal or courier service will use the special arrangement for postal and courier services concerning the import of goods into the EU destination country, which is also the case here. The postal or courier service will collect the VAT (possibly along with the charged customs clearance fees) from the recipient of the goods;
- any shipping costs;
- the method by which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for remote communication if the costs for using the technology for remote communication are calculated on a different basis than the regular base rate for the used communication method;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them under the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected itself and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, material types.
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**Article 5 – The Agreement**
The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
The entrepreneur can, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner:
- the visiting address of the entrepreneur’s business where the consumer can go with complaints;
- the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales services;
- the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
- the requirements for terminating 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 previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
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**Article 6 – Right of Withdrawal**
Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period begins on the day after the consumer or a third party designated by the consumer, who is not the carrier, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must communicate this in writing or via email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
If the consumer has not expressed their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
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**Article 7 – Costs in case of Withdrawal**
If the consumer exercises their right of withdrawal, the return shipping costs will be borne by the consumer.
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. The condition for this is that the product has already been received by the merchant, or that conclusive evidence of complete return shipment is provided.
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**Article 8 – Exclusion of Right of Withdrawal**
The entrepreneur can exclude the consumer’s right of withdrawal for products as 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, or at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the specifications of the consumer;
- that are clearly personal in nature;
In these terms and conditions, the following definitions apply:
**Cooling-off period:** The period within which the consumer can exercise their 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;
**Continuous transaction:** A distance contract concerning a series of products and/or services, where the obligation to supply and/or purchase is spread over time;
**Durable data carrier:** Any means that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
**Right of withdrawal:** The option for the consumer to withdraw from the distance contract within the cooling-off period;
**Entrepreneur:** The natural or legal person who offers products and/or services at a distance to consumers;
**Distance contract:** A contract concluded within the framework of an organized system for the distance sale of products and/or services, where exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the contract;
**Technique for remote communication:** Means that can be used for concluding a contract, without the consumer and the entrepreneur being in the same room at the same time.
**General Terms and Conditions:** These 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 orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, 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 where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic or other means upon request.
In cases where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable applicable provision in case of conflicting terms and conditions.
If one or more provisions of these general terms and conditions at any time are entirely or partially null or void, the remainder of the agreement and these conditions will remain in effect, and the affected provision will be replaced by a provision that approximates the original as closely as possible.
Situations that are not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions 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 made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or the dissolution of the agreement.
Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:
- the price, excluding customs duties and import VAT. These additional costs will be borne by the customer. The postal or courier service will use the special arrangement for postal and courier services concerning the import of goods into the EU destination country, which is also the case here. The postal or courier service will collect the VAT (possibly along with the charged customs clearance fees) from the recipient of the goods;
- any shipping costs;
- the method by which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the rate for remote communication if the costs for using the technology for remote communication are calculated on a different basis than the regular base rate for the used communication method;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them under the agreement;
- any other languages in which, in addition to Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has subjected itself and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colors, material types.
---
**Article 5 – The Agreement**
The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
The entrepreneur can, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the consumer the following information along with the product or service, in writing or in such a way that the consumer can store it on a durable data carrier in an accessible manner:
- the visiting address of the entrepreneur’s business where the consumer can go with complaints;
- the conditions under which and the method by which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales services;
- the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement;
- the requirements for terminating 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 previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
---
**Article 6 – Right of Withdrawal**
Upon purchasing products, the consumer has the option to dissolve the agreement without stating reasons within 14 days. This cooling-off period begins on the day after the consumer or a third party designated by the consumer, who is not the carrier, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. The consumer must communicate this in writing or via email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.
If the consumer has not expressed their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
---
**Article 7 – Costs in case of Withdrawal**
If the consumer exercises their right of withdrawal, the return shipping costs will be borne by the consumer.
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. The condition for this is that the product has already been received by the merchant, or that conclusive evidence of complete return shipment is provided.
---
**Article 8 – Exclusion of Right of Withdrawal**
The entrepreneur can exclude the consumer’s right of withdrawal for products as 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, or at least in time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the specifications of the consumer;
- that are clearly personal in nature;