Terms and Conditions
ARTICLE 1 - DEFINITIONS
In these terms and conditions, the following definitions shall apply:
- Reflection Period: The period within which the consumer can exercise his right of withdrawal.
- Consumer: The natural person who is not acting in the exercise of profession or business and enters into a distance contract with the entrepreneur.
- Day: 08/07/2024.
- Duration 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 Medium: Any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
- Right of Withdrawal: The possibility for the consumer to waive the distance contract within the cooling-off period.
- Entrepreneur: The natural or legal person who offers distance products and/or services to consumers.
- Distance Contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
- Technique for Distance Communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
- General Terms and Conditions: The present 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 Mail:
- Company Address:
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the general conditions are available for inspection at the entrepreneur's premises, and they will be sent free of charge to the consumer upon request.
- If the distance contract is concluded electronically, the entrepreneur will make the text of these general terms and conditions available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.
- If specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis. In case of conflicting general conditions, the consumer may always rely on the provision most favorable to him.
ARTICLE 4 - THE OFFER
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation, and the entrepreneur is entitled to change and adapt the offer.
- The offer will contain a complete and accurate description of the products and/or services offered.
- All images, specifications, and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
- Each offer will clearly state:
- The price, excluding customs clearance costs and import VAT.
- Any shipping costs.
- The manner in which the contract will be concluded and the actions required.
- Whether or not the right of withdrawal applies.
- The method of payment, delivery, and performance.
- The period for acceptance of the offer or the period within which the entrepreneur guarantees the price.
- The language in which the contract can be concluded and any other relevant information.
ARTICLE 5 - THE AGREEMENT
- The agreement comes into effect when the consumer accepts the offer and fulfills the conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance.
- If the agreement is concluded electronically, the entrepreneur will take appropriate measures to protect the electronic transfer of data and ensure a secure web environment.
- The entrepreneur may investigate whether the consumer can meet their payment obligations before entering into the agreement.
ARTICLE 6 - RIGHT OF WITHDRAWAL
- The consumer has the right to withdraw from the agreement within 14 days after receiving the product.
- The consumer must handle the product with care during the reflection period.
- If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur in writing within 14 days and return the product within 14 days.
- If the consumer does not inform the entrepreneur or return the product within the specified period, the sale is final.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
- If the consumer uses their right of withdrawal, the return shipping costs are their responsibility.
- If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after receiving the returned product or proof of return.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
- The right of withdrawal is excluded for products that are created based on the consumer's specifications, are personal, cannot be returned due to their nature, spoil quickly, or involve specific financial conditions.
- Certain services (e.g., accommodation, transport, leisure activities) may also exclude the right of withdrawal.
ARTICLE 9 - THE PRICE
- The entrepreneur reserves the right to change product/service prices during the validity period, including due to changes in VAT rates.
- Price increases are allowed under specific conditions outlined in the agreement.
ARTICLE 10 - CONFORMITY AND WARRANTY
- The entrepreneur guarantees that the products/services comply with the contract, specifications, and applicable laws.
- Any defects must be reported within 14 days of delivery.
- The warranty period corresponds to the manufacturer's warranty, but the entrepreneur is not liable for the product's suitability for the consumer’s specific use.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
- The entrepreneur will deliver accepted orders expediently, but within 30 days unless agreed otherwise.
- In case of non-delivery or delayed delivery, the consumer can dissolve the agreement and receive a refund.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
- The consumer can terminate indefinite contracts at any time, following agreed termination rules.
- Fixed-term contracts may be terminated at the end of the term or with notice, subject to agreed terms.
ARTICLE 13 - PAYMENT
- Unless otherwise agreed, the consumer must pay within 7 working days after the reflection period begins.
- The entrepreneur can charge reasonable costs for non-payment.
ARTICLE 14 - COMPLAINTS
- Complaints must be submitted within 7 days of discovering a defect.
- Complaints will be responded to within 14 days, with a detailed response if necessary.
ARTICLE 15 - DISPUTES
- Dutch law applies to agreements between the entrepreneur and the consumer, even if the consumer resides abroad.
ARTICLE 16 - PERSONAL INFORMATION
- The submission of personal information is subject to the entrepreneur's Privacy Policy.
ARTICLE 17 - ERRORS, INACCURACIES AND OMISSIONS
- The entrepreneur reserves the right to correct errors, inaccuracies, or omissions in product descriptions, prices, promotions, etc.
ARTICLE 18 - CHANGES TO TERMS OF SERVICE
- The entrepreneur reserves the right to update or modify the Terms of Service, and it is the consumer's responsibility to check for changes.
ARTICLE 19 - CESOP
- Due to changes in tax regulations starting in 2024, payment service providers may register data in the European CESOP system.