General Terms of Conditions

1. DEFINITIONS

  1. In these general terms and conditions, the following definitions apply:
  2. Supplementary Agreement: an agreement in which the consumer acquires products, services, and/or digital content in connection with a distance contract and these products, services, and/or digital content are supplied by the entrepreneur or a third party based on an agreement between this third party and the entrepreneur.
  3. Cooling-off Period: the period during which the consumer can exercise their right of withdrawal.
  4. Consumer: a natural person, not acting in the exercise of a profession or business, who enters into a distance contract with the online shop.
  5. Day: calendar day.
  6. Durable Medium: any means that allows the consumer or online shop to store information addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
  7. Right of withdrawal: the right of the consumer to withdraw from the distance contract within the cooling-off period.
  8. Distance Contract: a contract between the consumer and the online shop, concluded remotely using a system designed for this purpose.
  9. Written: written communication also includes electronic communications, such as email, provided the sender's identity and the authenticity of the communications are sufficiently established.

2. GENERAL

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. The contract is concluded when the consumer accepts the entrepreneur's offer and complies with the conditions set.
  3. The entrepreneur shall confirm receipt of the acceptance of the offer without delay. Until this confirmation is sent, the consumer may withdraw from the contract.
  4. As an exception to clause 3, the contract will only be concluded after the entrepreneur has, within the legal framework, verified whether the consumer can meet their payment obligations and any other facts and factors relevant to responsibly entering into a distance contract. If there are sufficient grounds based on this verification, the entrepreneur is entitled to refuse the contract or to subject it to special conditions to the contract.

3. RIGHT OF WITHDRAWAL

  1. The consumer has the right to withdraw from the contract without giving any reason within 14 days of receiving the product, or in the case of a service or digital content not supplied on a physical medium, within 14 days of the conclusion of the contract.
  2. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur of this within the cooling-off period. The entrepreneur will promptly send a confirmation of this notice.
  3. If the consumer withdraws from the contract after explicitly requesting that performance of the contract be performed, the consumer is liable to pay the entrepreneur an amount proportionate to the part of the contract performed by the entrepreneur at the time of withdrawal, compared to the full performance of the contract.
  4. In the case of partial or full delivery of digital content not supplied on a physical medium within the cooling-off period, the consumer is liable for the full costs if:
    1. - they have expressly agreed to advance to the commencement of performance of the contract before the end of the cooling-off period;
    2. - they have acknowledged that they thereby lose their right of withdrawal by agreeing to this contract;
    3. - the entrepreneur has confirmed this declaration from the consumer in writing.
  5. If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.
  6. The entrepreneur shall reimburse the consumer for any payments received no later than 14 days after the withdrawal.

4. EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal is excluded for the following products:

  1. those created by the entrepreneur according to consumer specifications;
    1. - those that are clearly personal in nature;
    2. - those that cannot be returned due to their nature;
    3. - those whose price is subject to fluctuations in the financial market beyond the online shop's control;
    4. - for audio and video recordings and computer software where the consumer has broken the seal;
    5. - the supply of digital content not supplied on a physical medium, but only if:
      1. - the performance has begun with the consumer's explicit prior consent; and
      2. - the consumer has declared that they lose their right of withdrawal
    6. - agreements relating to leisure activities, if a specific date or period of performance is provided in the agreement;
    7. - service agreements after full performance of the service, but only if:
      1. - performance has begun with the consumer's explicit prior consent; and
      2. - the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the contract.

5. SUBSCRIPTION CONTRACTS

  1. The consumer may terminate a contract that has been entered into for an indefinite period and which involves the regular delivery of products or services, at any time with due regard to the agreed termination rules and a maximum notice period of one month.
  2. The consumer may terminate a contract that has been entered into for a fixed term and involves the regular delivery of products or services at the end of the fixed term, with due regard to the agreed termination rules and a maximum notice period of one month.
  3. Fixed-term contracts that involve the regular delivery of products or services may be tacitly extended for an indefinite period and allow the consumer to terminate after the first period with a notice period of one month.
  4. Contracts with a duration of more than one year may be terminated by the consumer after one year, with a notice period of one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

6. PAYMENT

  1. Unless otherwise agreed, amounts due by the consumer must be paid within 14 days from the start of the cooling-off period, or if there is no cooling-off period, within 14 days of the conclusion of the contract. In the case of a service contract, this period begins on the day after the consumer has received the confirmation of the contract.
  2. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in payment details provided or stated.

7. COMPLAINTS AND DISPUTES

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur in writing, fully and clearly described, within a reasonable period, but no later than 7 days after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If the complaint cannot be resolved within 14 days, the entrepreneur will notify the consumer and provide an indication of when a resolution can be expected.
  4. The consumer also has the right to submit complaints to the European Commission General or visit ODR (https://ec.europa.eu/odr).

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