Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Withdrawal period: the period during 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 who enters into a distance contract with the professional.
  • Day: calendar day.
  • Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or reception obligation of which extends over a certain period.
  • Durable medium: any means that enables the consumer or professional to store information addressed to them personally in a way that allows for future consultation and identical reproduction.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the withdrawal period.
  • Professional (or "entrepreneur"): the natural or legal person who offers products and/or services to consumers remotely.
  • Distance contract: a contract concluded within the framework of a system organised by the professional for the distance sale of products and/or services, exclusively through one or more means of distance communication.
  • Distance communication technique: any means that can be used to conclude a contract without the consumer and the professional being simultaneously present in the same place.
  • General Terms and Conditions: these General Terms and Conditions of the professional.

Article 2 – Right of withdrawal

The consumer has a period of 30 days to withdraw from the contract without giving any reason.
During this period, the consumer will handle the product and its packaging with care.
If they exercise their right of withdrawal, they will return the product, together with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the professional's reasonable instructions.

Article 3 – Scope of application

These General Terms and Conditions apply to every offer made by the professional and to every distance contract concluded between the professional 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 contract is concluded, where the General Terms and Conditions can be consulted at the professional'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 be provided to the consumer electronically, in such a way that they can be easily stored on a durable medium.
If this is not reasonably possible, it will be indicated before the conclusion of the contract where these General Terms and Conditions can be consulted online and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

In the event that specific product or service conditions are added to these General Terms and Conditions, the second and third paragraphs also apply.
In the event of a contradiction between different general terms and conditions, the consumer can always invoke the most favorable provision.

If one or more provisions of these General Terms and Conditions are null and void or are annulled, the remaining provisions remain valid, and the relevant clause will be replaced by mutual agreement with a provision whose scope is as close as possible to the original clause.

Any situation not covered by these conditions will be interpreted "in the spirit" of these General Terms and Conditions.
Ambiguities regarding the interpretation or content of one or more provisions will also be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to certain conditions, this will be explicitly stated in the offer.
The offer is made without obligation. The professional reserves the right to modify or adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to allow the consumer to properly assess its content.
If the professional uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the professional.

All images and specifications contained in the offer are indicative and cannot give rise to any compensation or termination of the contract.
Product images are a true representation of the items offered, but the professional cannot guarantee that the colours displayed exactly match the actual colours of the products.

Each offer contains clear information about the rights and obligations associated with its acceptance, including:

  • any shipping costs;
  • how the contract will be concluded and the steps necessary to do so;
  • the possible existence of the right of withdrawal or its exclusion;
  • the methods of payment, delivery and execution of the contract;
  • the period for accepting the offer or the period during which the price is guaranteed;
  • the applicable rate for distance communications if this differs from the normal basic rate;
  • the possibility of archiving the contract after its conclusion and the methods of consultation by the consumer;
  • how the consumer can check and, if necessary, correct the information they have provided before concluding the contract;
  • the other languages in which the contract can be concluded;
  • the codes of conduct to which the professional adheres and how the consumer can consult them online;
  • the minimum duration of the distance contract in the case of a continuing performance contract;
  • and, if applicable, available sizes, colours and materials.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions specified therein.

If the consumer has accepted the offer electronically, the professional will acknowledge receipt of this acceptance without delay, also electronically. As long as this confirmation has not been received by the consumer, the consumer may terminate the contract.

When the contract is concluded electronically, the professional will implement appropriate technical and organisational measures to secure data transmission and ensure a safe web environment. If the consumer can pay online, the professional will take the necessary security precautions for this purpose.

The professional may, within the framework of legal provisions, verify the consumer's ability to meet their payment obligations, as well as all relevant elements for the responsible conclusion of a distance contract. If, based on this investigation, the professional has good reasons not to conclude the contract, they are entitled to refuse an order or to subject its execution to special conditions.

The professional will provide the consumer, with the product or service, the following information, on paper or on a durable medium that is easily accessible:

  • the address of their establishment where the consumer can address any complaints;
  • the conditions and modalities for exercising the right of withdrawal, or a clear indication of its exclusion;
  • information regarding guarantees and after-sales service;
  • the information referred to in Article 4, paragraph 3, unless this information has already been provided before the execution of the contract;
  • the conditions for terminating the contract if it has a duration of more than one year or is for an indefinite period.

In the case of a continuing performance contract, these provisions only apply to the first delivery.
Each contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to terminate the contract without giving reasons for 30 days.
This period begins the day after the product is received by the consumer or by a representative designated and communicated to the professional in advance.

During the withdrawal 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 determine whether they wish to keep it.

If they exercise their right of withdrawal, they must return the product, with all supplied accessories and, if possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the professional.

If they wish to exercise their right of withdrawal, the consumer must inform the professional within 30 days after receiving the product, in writing or by email.
After notifying their wish to withdraw, the consumer must return the product within 30 days. They must be able to prove that the items were returned in time, for example by means of proof of shipment.

If, after the expiry of the aforementioned periods, the consumer has not communicated their intention to withdraw or has not returned the product, the sale is deemed final.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by them.
If the consumer has already made a payment, the professional will refund this amount as soon as possible, and at the latest within 30 days following notification of withdrawal, provided that the product has been received by the professional or proof of complete return has been provided.

Article 8 – Exclusion of the right of withdrawal

The professional may exclude the consumer's right of withdrawal for certain products, as indicated in paragraphs 2 and 3 of this article.
Exclusion of the right of withdrawal is only valid if the professional has clearly mentioned it in the offer or in any case before the conclusion of the contract.

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

  • manufactured by the professional according to the consumer's specifications;
  • clearly personal in nature;
  • which, by their nature, cannot be returned;
  • liable to deteriorate or expire quickly;
  • whose price depends on fluctuations in the financial market beyond the professional's control;
  • such as individual newspapers and magazines;
  • audio, video recordings or computer software whose seal has been broken by the consumer;
  • hygiene products whose seal has been broken by the consumer.

Article 9 – The price

During the validity period indicated in the offer, the prices of the products and/or services offered will not be increased, unless there are changes in VAT rates.

Notwithstanding the preceding paragraph, the professional may offer products or services whose prices are subject to fluctuations in the financial market beyond their control, at variable prices. This dependence and the indicative nature of the prices will be mentioned in the offer.

Price increases within three months of the conclusion of the contract are only permitted if they result from legal or regulatory provisions.
Price increases after three months are only possible if this has been stipulated in the contract and that:

  • they result from legal or regulatory provisions, or
  • the consumer has the right to terminate the contract as of the date the increase takes effect.

All prices are mentioned subject to printing or typographical errors. The professional cannot be held responsible for such errors and is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

The professional guarantees that the products and/or services supplied comply with the contract, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, as well as the legal and regulatory provisions in force on the date of the conclusion of the contract. Where agreed, the professional also guarantees that the product is suitable for other than normal use.

A warranty provided by the professional, manufacturer or importer does not affect the legal rights of the consumer arising from the contract.

Any defect or incorrect product delivered must be reported in writing to the professional within 30 days after delivery. Products must be returned in their original packaging and in new condition.

The professional's warranty period is the same as the manufacturer's warranty. The professional cannot be held responsible for the final compatibility of products with individual use or for advice regarding the use or application of the products.

The warranty does not apply in the following cases:

  • if the consumer has repaired or modified the delivered products themselves, or had them repaired/modified by a third party;
  • if the products have been exposed to abnormal conditions, handled negligently, or used contrary to the instructions of the professional or the packaging;
  • if the defect results wholly or partially from regulations imposed (or to be imposed) by public authorities concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The professional shall exercise the greatest diligence when receiving and executing product orders.

Subject to the provisions of Article 4, the professional shall execute accepted orders as quickly as possible, no later than within 30 days, unless the consumer agrees to a longer period.

If delivery is delayed or if an order cannot be executed, either wholly or in part, the consumer shall be informed no later than 30 days after placing the order. The consumer then has the right to terminate the contract free of charge and may claim compensation.

In the event of termination in accordance with the preceding paragraph, the professional shall refund the amount paid by the consumer within a maximum period of 30 days after termination.

If the delivery of an ordered product proves impossible, the professional shall endeavor to provide a replacement item. No later than at the time of delivery, it shall be clearly indicated that a replacement product is being provided.

In the case of a replacement product, the right of withdrawal cannot be excluded. Any return costs shall then be borne by the professional.

The risk of damage or loss of the products is borne by the professional until they are handed over to the consumer or a representative designated by the consumer, unless otherwise agreed.

Article 12 – Continuing Performance Contracts: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period, covering the regular delivery of products (including electricity) or services, at any time, subject to a maximum notice period of one month, in accordance with the agreed rules.

The consumer may terminate a fixed-term contract for the regular delivery of products or services at the end of the agreed period, subject to a maximum notice period of one month.

The consumer may exercise termination:

  • at any time, without restriction related to a given period;
  • by the same means as used to conclude the contract;
  • with a notice period identical to that required by the professional for themselves.

Renewal

A fixed-term contract for the regular delivery of products or services cannot be tacitly renewed for a specified period.

By way of derogation, a fixed-term contract for the regular delivery of newspapers, weeklies, or magazines may be tacitly extended for a maximum period of three months, provided that the consumer can terminate it at the end of the extended period, with a maximum notice period of one month.

A fixed-term contract for the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer can terminate it at any time, with a maximum notice period of one month (or three months if the delivery of newspapers/magazines is less frequent than once a month).

A limited-term contract for the trial or discovery delivery of newspapers, weeklies, or magazines is not tacitly renewed and ends automatically at the expiration of the trial period.

Duration

If a contract has a duration exceeding one year, the consumer may, after one year, terminate it at any time with a maximum notice period of one month, unless otherwise provided based on good faith and fairness.

Article 13 – Payment

Unless otherwise specified, amounts due by the consumer must be paid within seven (7) working days from the start of the withdrawal period referred to in Article 6, paragraph 1.

In the case of a service contract, this period begins as soon as the consumer has received the contract confirmation.

The consumer is obliged to immediately report any inaccuracies in the payment data provided or mentioned to the professional.

In the event of non-payment by the consumer, the professional, subject to legal restrictions, is entitled to charge them reasonable costs previously brought to their attention.

Article 14 – Complaint Procedure

Complaints regarding the execution of the contract must be submitted to the professional, within seven (7) days of discovering the defects, fully and clearly described.

Complaints received by the professional are processed and answered within 14 days of receipt.
If processing a complaint requires a longer period, the professional will acknowledge receipt within this 14-day period, indicating the estimated time within which a more detailed response will be provided.

If the complaint cannot be resolved by mutual agreement, a dispute liable to recourse under the dispute resolution procedure is then constituted.

The filing of a complaint does not suspend the professional's obligations, unless otherwise agreed in writing by the professional.

If the complaint is deemed founded, the professional undertakes, at their discretion, either to replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts concluded between the professional and the consumer to which these General Terms and Conditions apply are subject exclusively to Dutch law.

This also applies when the consumer resides abroad.