General Conditions 

 These terms are stricly for purchases in one of our web stores.

 
INHOUD

ARTICLE 1 - Definitions

ARTICLE 2 - The Entrepreneur’s identity

ARTICLE 3 - Applicability

ARTICLE 4 - The offer

ARTICLE 5 - The agreement

ARTICLE 6 - Right of withdrawal

ARTICLE 7 - Consumer’s obligations during the reflection period

ARTICLE 8 - Exercising the Consumer’s right of withdrawal and the costs

ARTICLE 9 - Entrepreneur’s obligation in case of withdrawal

ARTICLE 10 - Exclusion of the right of withdrawa

ARTICLE 11 - The Price

ARTICLE 12 - Compliance and extra guaranty

ARTICLE 13 - Delivery and execution

ARTICLE 14 - Continuing performance contract: duration, termination and extension

ARTICLE 15 - Payment

ARTICLE 16 - Complaints procedure 

ARTICLE 17 - Disputes

ARTICLE 1 – Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

1. an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
2. Reflection period: the period during which the Consumer may use his
   right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to
   his/her commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: a contract serving to deliver goods,
   services and/or digital content in a given period;
7. Sustainable data carrier: any means, including email, that allow the
   Consumer or the Entrepreneur to store information directed to him/her
   personally in such a manner that makes future consultation and use possible
   during a period that matches the purpose for which the information is
   destined and which makes unaltered reproduction of the stored information
   possible.
8. Right of withdrawal: the Consumer’s option not to proceed with the
   distance agreement within the cooling-off period;
9. Entrepreneur: the natural of legal person who provides products, (access to) digital content
   and or services to Consumers at a distance;
10. Distance contract: a contract concluded by the Entrepreneur and the
    Consumer within the scope of an organised system for distance selling
    products, digital content and/or services, whereby exclusive or additional
    use is made of one or more technologies of distance communication up to the
    conclusion of the contract;
11. Standard form for withdrawal: the European standard form for
    withdrawal included in Appendix 1.3
12. Technology for distance communication: a means to be used for
    concluding an agreement without the Consumer and the Entrepreneur being
    together in the same place at the same time.

ARTICLE 2 - The Entrepreneur’s identity

ARTICLE 3 – Applicability

1. These General Terms and Conditions apply to any offer from the Entrepreneur
   and to any distance contract concluded by the Entrepreneur and the
   Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of
   these General Terms and Conditions available free of charge and as soon as
   possible. If this is reasonably impossible, the Entrepreneur shall indicate in
   what way the General Terms and conditions can be inspected and that they
   will be sent free of charge if so requested, before the distant contract is
   concluded.
3. If the distance contract is concluded electronically, the text of these General
   Terms and Conditions, in deviation from the previous section and before the
   distance contract is concluded, may also be supplied to the Consumer
   electronically in such a way that the Consumer can easily store it on a longterm
   data carrier. If this is reasonably impossible, it will be specified where
   the General Terms and Conditions can be viewed electronically and that they
   will be sent to at the Consumer´s request free of charge, either via
   electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to
   these General Terms and Conditions, the second and third paragraphs shall
   apply accordingly, and in the event of contradictory terms and conditions, the
   Consumer may always appeal to the applicable provision that is most
   favourable to him/her.

ARTICLE 4 - The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be
   explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital
   content and/or services offered. The description is suitably detailed to enable for
   the Consumer to assess the products, or services and/or digital content
   adequately. If the Entrepreneur makes use of pictures, they are truthful
   images of the products and/or services provided. Obvious errors or mistakes
   in the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights
   and obligations are attached to accepting the offer.

ARTICLE 5 - The contract

1. Subject to the provisions in paragraph 4, the contract becomes valid when the
   Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the Entrepreneur
   shall promptly confirm receipt of having accepted the offer via electronic
   means. As long as the receipt of said acceptance has not been confirmed, the
   Consumer may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur will take
   appropriate technical and organisational security measures for the electronic
   data transfer and ensure a safe web environment. If the Consumer can pay
   electronically, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about
   Consumer’s ability to fulfil his payment obligations, and all facts and factors
   relevant to responsibly concluding the distance contract. If, acting on the
   results of this investigation, the Entrepreneur has sound reasons for not
   concluding the contract, he is lawfully entitled to refuse an order or request
   supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, the Entrepreneur shall send the following
   information along with the product, the service or the digital content in writing
   or in such manner that the Consumer can store it in an accessible manner on
   a long-term data carrier:

• the visiting address of the Entrepreneur´s business establishment where
  the Consumer may get into contact with any complaints;
• the conditions on which and the manner in which the Consumer may
  exercise the right of withdrawal, or, as the case may be, clear information
  about his being exempted from the right of withdrawal;
• the information corresponding to existing after-sales services and
  guarantees;
• The price including all taxes of the product, service or digital content,
  where applicable the delivery costs and the way of payment, delivery or
  implementation of the distance contract;
• the requirements for cancelling the contract if the contract has a duration
  of more than one year or for an indefinite period of time.
• the standard form for withdrawal if the Consumer has the right of withdrawal.

6. In geval van een duurtransactie is de bepaling in het vorige lid slechts van toepassing op de eerste levering. 

ARTICLE 6 – Right of withdrawal

In case of products:

1. The Consumer can repudiate a purchase contract for a product without giving
   reasons for a period of reflection of 30 days. The Entrepreneur may
   ask the Consumer about the reason for the withdrawal but cannot force
   him to state his reason(s).
2. The reflection period referred to in sub-clause 1 starts on the day the product
   is received by the Consumer or by a third party appointed by him in advance
   and who is not the carrier, or

• if the Consumer ordered several products in the same order: the day on
  which the Consumer or a third party appointed by him received the
  last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
• in case the delivery of a product consists of several batches or parts:
  the day on which the Consumer or a third party appointed by him
  received the last batch or the last part.
• in case of an agreement about regular delivery of products during a
  given period: the day on which the Consumer or a third party appointed
  by him received the first product.

In case of services and digital content that is not delivered on a physical carrier:

3. The Consumer can terminate an agreement for services or an agreement
   for delivery of digital content that is not delivered on a physical carrier
   without giving reasons during at least 14 days. The Entrepreneur may ask
   the Consumer about the reason for the withdrawal but cannot force him to
   state his reason(s).
4. The reflection period referred to in Article 3 starts on the day following the
   conclusion of the agreement.
   Extended reflection period for products, services and digital content that has not
   been delivered on a physical carrier in case no information is given about the right
   of withdrawal:
5. If the Entrepreneur has not provided the Consumer with the legally required
   information about the right of withdrawal or has not provided the standard
   form for withdrawal, the reflection period expires twelve months after the
   end of the original reflection period in accordance with the reflection period
   determined in the previous sub-clauses of this Article.
6. If the Entrepreneur provided the Consumer with the information referred
   to in the previous article within twelve months after the starting day of the
   original period of reflection, the period of reflection expires 14 day after the
   day on which the Consumer received the information.
    

ARTICLE 7 - Consumer’s obligations during the time of reflection

1. During this period, the Consumer shall handle the product and the packaging
   with care. The Consumer shall only unpack or use the product to the extent
   necessary for establishing the nature, the characteristics and the effect of the
   product. The guiding principle is that the Consumer may only handle and
   inspect the product in the manner in which one is allowed to handle a product
   in a shop.
2. The Consumer is only liable for the decrease in value of the product that is
   caused by the way of handling the product which went further than
   allowed in sub-section 1.
3. The Consumer is not liable for the decrease in value of the product if the
   Entrepreneur has not provided him with all legal information about the right of
   withdrawal before concluding the Agreement.​

​ARTICLE 8 - Exercising the Consumer’s right of withdrawal and the costs

1. If the Consumer exercises his right of withdrawal he shall notify the
   Entrepreneur unambiguously with the standard form for withdrawal within the
   period of reflection.
2. The Consumer shall return the product or deliver it to (the authorized
   representative of) the Entrepreneur as soon as possible but within 14 days
   counting from the day following the notification referred to in sub-clause 1.
   This need not be done if the entrepreneur offered to collect the product
   himself. The Consumer observed the period of returning the product in any
   event if the product is returned before the expiration of the period of
   reflection.
3. The Consumer shall return the product with all delivered accessories and if
   reasonably possible in the original state and packing and in conformity with
   reasonable and clear instructions given by the Entrepreneur.
4. The risk and the burden of proof for the correct and timely exercise of the
   right of withdrawal fall on the Consumer.
5. The Consumer shall bear the direct costs of returning the product. If the
   Entrepreneur has not reported that the Consumer has to bear these costs or if
   the Entrepreneur pointed out that he will bear the costs himself, the
   Consumer need not pay the cost of returning the product.
6. If the Consumer withdraws after having first explicitly requested that the
   performance of a service or the supply of gas, water or electricity having not
   been made ready for sale not be started in a limited volume or given quantity
   during the period of reflection, the Consumer shall pay the Entrepreneur an
   amount that is equal to the part of the obligation already performed at the
   time of withdrawal as compared with the full compliance of the obligation.
7. The Consumer does not bear the costs for performing services for the supply
   of water, gas or electricity that had not been made ready for sale in a limited
   volume or quantity, or for the supply of district heating if:

• the Entrepreneur has not provided the Consumer with the statutorily
  required information about the right of withdrawal, the compensation of
  costs in case of withdrawal or the standard form for withdrawal, or
• if the Consumer has not explicitly requested that the performance of
  the service or the supply of gas, water and electricity or district heating
  be started during the period of reflection.

8. The Consumer does not bear any cost for the full or partial delivery of
   digital content not stored on a physical carrier if:

• prior to the delivery, he has not explicitly consented to start
  performance of the agreement before the end of the period of reflection;
• he did not acknowledge to lose his right of withdrawal when giving
  consent; or
• the Entrepreneur failed to confirm the Consumer’s statement.

9.  If the Consumer exercises his right of withdrawal, all additional agreements
   end by operation of law.

ARTICLE 9 - Entrepreneur’s obligations in case of withdrawal

1. If the Entrepreneur makes the notification of withdrawal by electronic means
   possible, he shall promptly send a return receipt.
2. The Entrepreneur shall reimburse all payments made by the Consumer,
   including any delivery costs that the Consumer may charge for the returned
   product, as soon as possible but within 14 days following the day on which
   the Consumer notified him of the withdrawal. Unless the Entrepreneur offers
   to collect the product himself, he can wait with paying back until having
   received the product or until the Consumer proved that he returned the
   product, whichever occurs first.
3. The Entrepreneur shall make use of the same means of payment that the
   Consumer used, unless the Consumer consents to another method. The
   reimbursement is free of charge for the Consumer.
4. If the Consumer opted for a more expensive method of delivery instead of the
   cheapest standard delivery, the Entrepreneur need not reimburse the
   additional costs for the more expensive method.

ARTICLE 10 - Exclusion of the right of withdrawal

1. Products or services with a price that is subject to fluctuations in the
   financial market on which the Entrepreneur has no influence and which may
   occur within the period of withdrawal;
2. Agreements that are concluded during a public auction. A public auction is
   defined as a selling method whereby the Entrepreneur offers products, digital
   content and/or services to the Consumer who is personally present or has the
   possibility to be personally present at the auction under the direction of an
   auctioneer and whereby the successful bidder is obliged to purchase the
   products, the digital content and/or the services.
3. Services agreements, after full performance of the service, but only if:

• the performance started with the Consumer’s explicit prior consent; and
• the Consumer stated that he will lose his right of withdrawal as soon as
  the Entrepreneur has fully performed the agreement.

4. Services agreements for making accommodation available when a certain
   period of implementation is provided and other than for residential
   purposes, goods transports, car rental services and catering;
5. Agreements related to leisure activities when a certain date or period of
   performance is arranged in the agreement;
6. Products manufactured in accordance with the Consumer’s specifications
   which are not prefabricated and which are produced on the basis of a
   Consumer’s individual choice or decision or which are intended for a specific
   person;
7. Perishable products or products with a limited durability.
8. Sealed products which are for health or hygiene reasons not suitable for being
   returned and of which the seal was broken;
9. Products which for their nature are irreversibly mixed with other products;
10. Alcoholic drinks of which the price has been agreed upon at the conclusion of
    the agreement but of which the delivery can take place only after 30 days,
    and whose real value depends on fluctuations in the market which the
    Entrepreneur cannot affect.
11. Sealed audio and video recordings and computer programs of which the seals
    were broken after delivery;
12. Newspapers, periodicals or magazines, with the exception of subscriptions to
    them;
13. The delivery of digital content other than on a physical carrier, but only if:

• the performance was started with the Consumer’s explicit prior
  consent; and
• the Consumer stated that he will lose his right of withdrawal by doing
  so.

ARTICLE 11 - The price

1. The prices of the products and/or services provided shall not be raised during
   the validity period given in the offer, subject to changes in price due to
   changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or
   services whose prices are subject to fluctuations in the financial market that
   are beyond the Entrepreneur’s control, at variable prices. The offer will state
   the possibility of being subject to fluctuations and the fact that any indicated
   prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted
   only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted
   only if the Entrepreneur has stipulated it and:

​    a.they are the result of legal regulations or stipulations, or
    b.the Consumer has the authority to cancel the contract before the day on
       which the price increase starts.

5. All prices indicated in the provision of products or services are including VAT.

ARTICLE 12 - Performance of an agreement and extra Guarantee

1. The Entrepreneur guarantees that the products and/or services comply with
   the contract, with the specifications listed in the offer, with reasonable
   requirements of usability and/or reliability and with the existing statutory
   provisions and/or government regulations on the day the contract was
   concluded. If agreed, the Entrepreneur also guarantees that the product is
   suitable for other than normal use.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or
   Importer shall never affect the rights and claims the Consumer may exercise
   against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s
   obligations if the Entrepreneur has failed in the fulfilment of his part of the
   agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his
   Supplier, Importer or Manufacturer in whom he assigns certain rights or
   claims to the Consumer that go further than he is legally required in case he
   fails in the compliance with his part of the agreement.

ARTICLE 13 - Delivery and execution

1. The Entrepreneur shall exercise the best possible care when booking orders
   and executing product orders and when assessing requests for the
   provision of services.
2. The place of delivery is at the address given by the Consumer to the
   Entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms
   and Conditions, the Entrepreneur shall execute accepted orders with
   convenient speed but at least within 30 days, unless another delivery period
   was agreed on. If the delivery has been delayed, or if an order cannot be
   filled or can be filled only partially, the Consumer shall be informed about this
   within one month after ordering. In such cases, the Consumer is entitled to
   repudiate the contract free of charge and with the right to possible
   compensation.
4. After repudiation in conformity with the preceding paragraph, the
   Entrepreneur shall return the payment made by the Consumer promptly but
   at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by the Entrepreneur
   until the time of delivery to the Consumer or a representative appointed in
   advance and made known to the Consumer, unless explicitly agreed
   otherwise.

ARTICLE 14 – Continuing performance agreements: duration, termination
and renewal

1. The Consumer may at all times terminate a contract that was concluded for
   an indefinite time and which extends to the regular delivery of products
   (including electricity) or services, with due observance of the termination
   rules and subject to not more than one month’s notice.
2. The Consumer may at all times terminate a contract that was concluded for a
   specific time and which extends to the regular delivery of products (including
   electricity) or services at the end of the specific period, with due observance
   of the termination rules and a subject to not more than one month’s notice.
3. The Consumer can cancel the agreements mentioned in the preceding
   paragraphs:

• at any time and not be limited to termination at a particular time or in a
  given period;
• at least in the same way as they were concluded by him;
• at all times with the same notice as the Entrepreneur stipulated for
  himself.

Extension 

4. An agreement concluded for a definite period which extends to the regular
   delivery of products (including electricity) or services may not be
   automatically extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, a contract for a definite period
   which extends to the regular delivery of dailies, newspapers, weekly
   newspapers and magazines, may tacitly be renewed for specific period of
   three months at the most if the Consumer can terminate this extended
   agreement towards the end of the extension with a notice of one month at the
   most.
6. An agreement concluded for a definite period and which extends to the
   regular delivery of products or services may only be extended tacitly for an
   indefinite period if the Consumer can cancel it at any time with a notice of one
   month. The notice is three months at the most in vase the contract is about
   a delivery of dailies, newspapers and weeklies and magazines occurring
   regularly but less than once a month.
7. An agreement with limited duration of regular delivery of trial dailies,
   newspapers, weeklies and magazines (trial or introductory subscription) is not
   renewed tacitly and ends automatically after the trial or introductory period.
    

Duration 

8. If the duration of a contract is more than one year, the Consumer may
   terminate the contract at any time after one year with a notice of not more
   than one month, unless reasonableness and fairness resist the termination
   before the end of the agreed term.

ARTICLE 15 – Payment

1. Unless otherwise stipulated in the agreement or in the additional conditions,
   the amounts to be paid by the Consumer must be settled within 14 days after
   the period of reflection, or if there is no period of reflection within 14 days
   after concluding the agreement. In case of an agreement to provide a service,
   this period starts on the day that the Consumer received the confirmation of
   the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an
   advance payment of more than 50% in the General Terms and Conditions.
   If an advance payment was agreed, the Consumer may not assert any right
   regarding the execution of the order in question or the service(s) in
   question before making the agreed advance payment.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible
   inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in
   time, and the Entrepreneur has pointed out to him that the payment was late
   and allowed the Consumer a period of 14 days to comply with the payment
   obligations, the Consumer is to pay the statutory interest on the amount
   payable and the Entrepreneur is entitled to charge the Consumer with any
   extrajudicial collection costs. These extrajudicial collection costs amount to no
   more than 15% for outstanding amounts up to € 2,500, 10% for the following
   € 2,500 and 5% for the following € 5000, with a minimum of € 40. The
   Entrepreneur may deviate from the aforementioned amounts and percentages
   in favour of the Consumer.

ARTICLE 16 – Complaints procedure

1. The Entrepreneur shall have a sufficiently notified complaints procedure in
   place, and shall handle the complaint in accordance with this complaint
   procedure.
2. Complaints about the performance of the contract shall be submitted fully and
   clearly described to the Entrepreneur within a reasonable time after the
   Consumer discovered the defects
3. The complaints submitted to the Entrepreneur shall be replied within a period
   of 14 days after the date of receipt. Should a complaint require a foreseeable
   longer time for handling, the Entrepreneur shall respond within 14 days with a
   notice of receipt and an indication when the Consumer can expect a more
   detailed reply.

ARTICLE 17 - Disputes

1. Contracts between the Entrepreneur and the Consumer to which these
   General Terms and Conditions apply, are exclusively governed by Dutch law.
2. With due observance of the provisions set out below, the disputes between
   the Consumer and the Entrepreneur about the formation or the performance
   of contracts related to products or services that the Entrepreneur must deliver
   or has already delivered can be submitted by both the Consumer and the
   Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,
   The Hague (Den Haag) (www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if
   the Consumer submitted his/her complaint to the Entrepreneur within a
   reasonable period.
4. The dispute must have been submitted in writing to the Geschillencommissie
   Webshop within three months after arising of the dispute.
5. If the Consumer wishes to submit a dispute to the Geschillencommissie, the
   Entrepreneur is bound by this choice. When the Entrepreneur wishes to file
   the dispute to the Geschillencommissie, the Consumer must speak out in
   writing within five weeks after a written request made by the Entrepreneur
   whether he so desires or wants the dispute to be dealt with by the competent
   court. If the Entrepreneur has not heard of the Consumer’s option within the
   period of five weeks, the Entrepreneur is entitled to submit the dispute to the
   competent court.
6. The Geschillencommissie’s decision will be made under the conditions as set
   out in the rules of the Arbitration Commission
   (www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
   A decision made by the Geschillencommissie is a binding advice.
7. The Disputes Committee will not handle a dispute or will discontinue handling
   it if the Entrepreneur is granted a moratorium, goes bankrupt or actually
   ended his business activities before the Commission has handled a dispute at
   the hearing and delivered a final award.
8. If in addition to the Geschillencommissie Webshop another disputes
   committee recognised by or affiliated with the Stichting Geschillencommissies
   voor Consumentenzaken (SGC) [Foundation for Consumer Complaints
   Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)
   [Financial Services Complaints Board] is competent, the disputes that are
   mainly related to sales methods or distance services, the
   Geschillencommissie Webshop Keurmerk is preferably competent, and for all
   other disputes, the disputes committee recognised by and affiliated with the
   SGC or Kifid is competent.