General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: The period within which the consumer can exercise the right of withdrawal.

Consumer: A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

Day: Calendar day.

Duration transaction: A distance contract regarding a series of products and/or services, where the delivery and/or performance obligation is spread over time.

Durable medium: Any means that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.

Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.

Distance contract: A contract where, as part of a system organized by the entrepreneur for distance selling of products and/or services, the contract is concluded exclusively by one or more techniques for remote communication.

Technique for remote communication: A method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same location.

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 every distance contract concluded and orders between the entrepreneur and 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 reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's business and 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, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request.

If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and in case of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are entirely or partially void or invalid, the agreement and these terms and conditions remain in force, and the relevant provision will be replaced by mutual agreement with a provision that most closely approximates the intent of the original.

Situations not covered by these general terms and conditions will be assessed "in the spirit" of these terms and conditions.

Ambiguities about the explanation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust 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 an informed judgment about the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match the actual colors of the products.

Each offer contains information that clearly indicates what rights and obligations are attached to the acceptance of the offer. This includes:

The price, excluding customs clearance fees and import VAT. These additional costs will be borne by the customer. The postal or courier service will apply the special arrangements for postal and courier services when goods are imported into the destination EU country, which is the case here. The postal or courier service collects VAT (possibly along with customs clearance charges) from the recipient.
Any shipping costs.
How the agreement will be concluded and what actions are required.
Whether the right of withdrawal applies.
The method of payment, delivery, and performance of the agreement.
The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
The cost of communication for remote communication if the communication method is based on something other than the regular base rate for the communication method used.
Whether the agreement will be archived after conclusion, and how the consumer can access it.
How the consumer can check and, if desired, correct the data they provided for the agreement.
Any other languages, in addition to Dutch, in which the agreement can be concluded.
The codes of conduct the entrepreneur adheres to and how the consumer can consult these codes online.
The minimum duration of the distance agreement in the case of a duration transaction.
Optional: available sizes, colors, material types.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the consumer's acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer can still cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can, within legal limits, inform themselves whether the consumer can meet their payment obligations and any other facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with a reasoned explanation, or attach special conditions to the performance of the agreement.

The entrepreneur will send the following information with the product or service to the consumer, either in writing or in such a way that it can be easily stored by the consumer on a durable medium:

The visiting address of the entrepreneur’s establishment where the consumer can file complaints;
The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement that the right of withdrawal does not apply;
Information about warranties and existing after-sales services;
The data referred to in Article 4, paragraph 3, unless these have already been provided to the consumer before the performance of the agreement;
The requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement without providing reasons within 30 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.

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 wish to exercise the right of withdrawal, they will return the product 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 entrepreneur.

If the consumer wants to use the right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. This notification must be made in writing or by email. After the consumer has notified the entrepreneur of their intention to use their right of withdrawal, they must return the product within 30 days. The consumer must prove that the products were sent back to the origin point on time. This may also be directly to our supplier in China. The customer can do this, for example, by providing proof of shipment.

If the customer has not notified their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products will be fully borne by the consumer. This includes considering the return to the country of origin, i.e., our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal, on the condition that the product has been received by the online store or valid proof of complete return is provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may 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 prior to the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

That the entrepreneur has created according to the consumer’s specifications;
That are clearly personal in nature;
That cannot be returned due to their nature;
That may spoil or age quickly;
Whose price depends on fluctuations in the financial market that the entrepreneur cannot influence;
For single newspapers and magazines;
For audio and video recordings and computer software where the consumer has broken the seal;
For hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

Related to lodging, transport, catering, or leisure activities to be provided on a specific date or within a specific period;
For which delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
Related to betting and lotteries.

Article 9 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market, and where the entrepreneur cannot influence the price, with variable prices. This linkage to fluctuations and the fact that the prices are indicative will be mentioned in the offer.

Price increases within 3 months after the agreement has been concluded are only allowed if they result from legal regulations or provisions.

Price increases more than 3 months after the agreement has been concluded are only allowed if the entrepreneur has agreed to them, and:

These result from legal regulations or provisions; or
The consumer has the right to cancel the agreement on the day the price increase takes effect.

The place of delivery, based on Article 5, paragraph 1, of the Sales Tax Act 1968, is the country where the transport begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance fees from the recipient. Therefore, the entrepreneur will not charge VAT.

All prices are subject to printing and typing errors. The entrepreneur is not liable for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returned products must be sent back in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the suitability of the products for any 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise mishandled, or in violation of the entrepreneur’s instructions and/or packaging instructions;
The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will take the utmost care in receiving and performing orders for products.

The place of delivery is the address provided by the consumer to the entrepreneur.

Subject to what is mentioned in Article 4 of these terms and conditions, the entrepreneur will perform accepted orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery or if an order cannot be performed or can only be partially performed, the consumer will be informed within 30 days of placing the order. In that case, the consumer has the right to dissolve the agreement without any costs and is entitled to compensation.

In case of dissolution as mentioned in the previous paragraph, the entrepreneur will refund the amount the consumer paid as soon as possible, but no later than 30 days after the dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, the consumer will be clearly and understandably informed that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is at the entrepreneur's expense.

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

Article 12 – Duration Transactions: Duration, Cancellation, and Renewal

Cancellation

The consumer may cancel an agreement entered into for an indefinite period, which involves regular delivery of products (including electricity) or services, at any time with due regard for the agreed termination rules and a notice period of no more than one month.

The consumer may cancel an agreement entered into for a specific period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the specified period, with due regard for the agreed termination rules and a notice period of no more than one month.

The consumer may cancel the agreements mentioned in the previous paragraphs:

At any time without being limited to cancellation at a specific time or during a specific period;
At least in the same manner as the consumer has entered into the agreement;
At any time, with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement entered into for a specified period that involves the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a specific period.

In deviation from the previous paragraph, an agreement entered into for a specified period that involves the regular delivery of newspapers and magazines may be automatically renewed for a maximum period of three months, provided the consumer can cancel the renewed agreement at the end of the renewal period with a notice period of no more than one month.

An agreement entered into for a specified period that involves the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement involves the regular delivery of newspapers and magazines less frequently than once a month.

An agreement with a limited duration for the regular delivery of newspapers and magazines (trial or introductory subscription) will not be automatically continued and ends after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless the reasonableness and fairness prevent cancellation before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period mentioned in Article 6, paragraph 1 begins. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.

The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment details provided or mentioned.

In case of non-payment by the consumer, the entrepreneur, unless legally restricted, has the right to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be fully and clearly submitted to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 30 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.

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

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace the delivered products free of charge or repair them.

Article 15 – Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only English law is applicable. This also applies if the consumer resides abroad.