Article 1 - Definitions

The following definitions apply to these terms and conditions:

  • Right of Withdrawal: The period within which the consumer can exercise their right to cancel the contract.
  • Consumer: A natural person who is not acting in the course of business or profession and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Long-Term Transaction: A distance contract involving a series of products and/or services, where the delivery and/or purchase obligation is spread over a period of time.
  • Durable Medium: Any means that allows the consumer or entrepreneur to store information addressed to them personally in such a way that it can be later consulted and reproduced unchanged.
  • Right of Withdrawal: The consumer's option to cancel the distance contract within the withdrawal period.
  • Entrepreneur: A natural or legal person who offers products and/or services to consumers via distance selling.
  • Distance Contract: A contract concluded through a distance selling system organized by the entrepreneur, where only one or more communication techniques are used until the contract is concluded.
  • Communication Technique: A means that can be used to conclude a contract without the consumer and the entrepreneur being present at the same time in the same location.
  • Terms and Conditions: These general terms and conditions of the entrepreneur.

Article 2 - Identity of the Administrator

Article 3 - Applicability

These general terms and conditions apply to all offers by the entrepreneur, as well as all distance contracts and orders concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these terms and conditions will be made available to the consumer. If this is not feasible, the consumer will be informed that the terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer promptly upon request, free of charge.

If the distance contract is concluded electronically, the text of these terms and conditions will be made available to the consumer electronically in a way that allows them to easily store it on a durable medium. If this is not feasible, the consumer will be informed before the contract is concluded where the terms and conditions can be viewed electronically, and that they will be sent to the consumer upon request, free of charge, either electronically or in another form.

If product- or service-specific conditions apply in addition to these terms and conditions, paragraphs 2 and 3 of this article apply accordingly. In case of conflicting conditions, the consumer may always apply the most favorable provision.

If one or more provisions of these terms and conditions are at any time wholly or partially ineffective or void, the contract and the remaining provisions of these terms and conditions shall remain in effect. The ineffective provision will immediately be replaced by a provision that most closely matches the original provision's intent.

Unregulated situations in these terms and conditions will be evaluated "in the spirit" of these terms and conditions.

Any ambiguities in the interpretation or content of one or more provisions of these terms and conditions will be interpreted "in the spirit" of these terms and conditions.

Article 4 - Offer

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must be a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are non-binding and cannot form the basis for contract cancellation or claims for damages.

The product images show a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors precisely match the actual colors of the products.

Each offer contains information that clearly informs the consumer of the rights and obligations arising from accepting the offer. This includes, in particular:

  • The price, excluding any applicable customs duties and import VAT, which the customer must bear. The postal and/or courier service will apply the regulations for the importation of goods, meaning that the import VAT (together with or separately from customs clearance fees) will be charged to the recipient of the goods;
  • Any shipping costs;
  • How the contract is concluded and the steps necessary to do so;
  • Whether the right of withdrawal applies;
  • The payment, delivery, and performance conditions of the contract;
  • The period within which the offer can be accepted, or the period within which the entrepreneur guarantees the price;
  • The amount of communication costs if these are calculated differently from the regular basic rate;
  • Whether the contract will be archived after conclusion and, if so, how the consumer can access it;
  • How the consumer can verify and, if necessary, correct the information provided before concluding the contract;
  • Other languages in which the contract can be concluded, apart from the Dutch language;
  • The codes of conduct the entrepreneur adheres to and how the consumer can view them electronically;
  • The minimum duration of the distance contract for ongoing transactions. Optional: Available sizes, colors, and materials.

Article 5 - Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions set forth.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed the acceptance, the consumer may cancel the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can make an electronic payment, the entrepreneur will take appropriate security measures.

The entrepreneur is entitled, within the limits permitted by law, to gather information about the consumer's payment capacity as well as any other relevant facts and circumstances necessary for responsibly concluding the distance contract. If the entrepreneur has good reason not to conclude the contract based on this inquiry, they are entitled to refuse an order or request or impose special conditions on the fulfillment of the contract, providing reasons for their decision.

The entrepreneur will provide the consumer with the following information in writing or in a manner that allows the consumer to store it on a durable medium, no later than at the time of delivery of the product or service:

  • The business address of the entrepreneur where the consumer can submit complaints;
  • The conditions and methods by which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
  • Information about warranties and customer service;
  • The information mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the contract was concluded;
  • The conditions for terminating the contract if it has a term of more than one year or is indefinite. In the case of ongoing transactions, the rule in the preceding paragraph only applies to the first delivery.

Each contract is concluded under the suspensive condition of the availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This withdrawal period starts the day after the consumer or a representative designated by the consumer, known to the entrepreneur, receives the product.

During the withdrawal period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all accessories and, if possible, in its original condition and packaging, following the clear and reasonable instructions of the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within 14 days after receiving the product. This notice must be given in writing or by email. After the consumer has communicated their intention to withdraw, they must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, such as through a shipping receipt.

If the consumer does not declare their intention to exercise the right of withdrawal or does not return the product within the deadlines mentioned in paragraphs 2 and 3, the purchase will be considered final.

Article 7 - Costs of Withdrawal

If the consumer exercises the right of withdrawal, they bear the direct costs of returning the products.

If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided the entrepreneur has received the products or convincing proof of their return.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can only exclude the right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if it is explicitly stated in the offer or before the contract is concluded.

The right of withdrawal can be excluded for the following products:

  • Products made according to the consumer's specifications;
  • Products of a clearly personal nature;
  • Products that cannot be returned due to their nature;
  • Products that spoil quickly or deteriorate;
  • Products whose price fluctuates on the financial market, which the entrepreneur cannot influence;
  • Single newspapers and magazines;
  • Audio and video recordings and computer software if the consumer has broken the seal;
  • Hygiene products that are sealed and whose seal has been broken by the consumer.

The right of withdrawal can only be excluded for the following services:

  • Services related to accommodation, transport, catering, or leisure activities that are to be provided on a specific date or within a certain period;
  • Services whose performance has started with the consumer's express consent before the end of the withdrawal period;
  • Services related to betting and lotteries.

Article 9 - Price

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

Notwithstanding the above, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no control, with variable prices. This possibility of fluctuations and the fact that the stated prices are indicative will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permissible if they are based on new legal regulations.

Price increases after 3 months of the contract being concluded are only permissible if the entrepreneur has specified this, and:

  • They are the result of new legal regulations; or
  • The consumer has the right to terminate the contract from the time the price increase takes effect.

According to Article 5.1 of the Dutch VAT Act of 1968, the place of supply is the country where the transport begins. In this case, the delivery takes place outside the EU. The postal or courier service will charge the customer for the import VAT or customs clearance fees. Therefore, the entrepreneur does not charge VAT.

All prices are subject to printing errors. The entrepreneur accepts no liability for the consequences of printing errors. In the case of printing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements for reliability and/or usability, as well as the applicable legal provisions at the time of the contract conclusion. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights against the entrepreneur based on the contract.

Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. The products must be returned 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 final suitability of the products for individual use by the consumer or for advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer repairs and/or alters the delivered products themselves or has them repaired or altered by third parties;
  • The delivered products were exposed to unusual conditions or were treated negligently or contrary to the entrepreneur's instructions and/or the packaging;
  • The defect is due to government regulations regarding the type or quality of materials used.

Article 11 - Delivery and Execution

The entrepreneur commits to exercising the utmost care in accepting and executing product orders.

The delivery location is the address provided by the consumer to the entrepreneur.

Unless otherwise specified in Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fully or partially executed, the consumer will be notified within 30 days of the order. In this case, the consumer has the right to dissolve the contract without additional cost and is entitled to any compensation.

In the case of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, but no later than 14 days after the dissolution.

If delivery of an ordered product is impossible, the entrepreneur will attempt to offer a substitute item. It will be clearly and understandably indicated at the time of delivery that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs for returning the product will be borne by the entrepreneur in this case.

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

Article 12 - Long-term Transactions: Duration, Termination, and Extension

Termination

The consumer may terminate an indefinite contract for the regular supply of products (including electricity) or services at any time, following the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at the end of the agreed term, following the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

  • At any time and without limitation to a specific time or period;
  • In the same way they were concluded;
  • Always with the same notice period set by the entrepreneur for themselves.

Extension

A fixed-term contract that provides for the regular delivery of products or services may not be automatically extended or renewed for a fixed period.

Notwithstanding the above, a fixed-term contract for the regular supply of daily or weekly newspapers may be automatically extended for a fixed period of up to three months, provided that the consumer can terminate the extended contract with a notice period of no more than one month.

A fixed-term contract for the regular supply of products or services may only be automatically renewed indefinitely if the consumer can terminate the contract at any time with a notice period of no more than one month. For a contract involving the regular supply of daily or weekly newspapers, but less than once a month, the notice period is at most three months.

A fixed-term contract for the regular supply of daily or weekly newspapers for trial or introductory purposes will not be automatically renewed and will terminate automatically after the trial or introductory period.

Duration

If a contract has a term of more than one year, the consumer may terminate the contract after one year at any time with a notice period of no more than one month, unless termination before the agreed term is unreasonable or disproportionate.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the end of the withdrawal period as per Article 6(1). For a contract for the provision of a service, this period begins after the consumer has received the contract confirmation.

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

If the consumer fails to meet their payment obligation, the entrepreneur has the right, subject to legal limitations, to charge reasonable, previously known costs.

Article 14 - Complaints Procedure

Complaints regarding the fulfillment of the contract must be fully and clearly described and submitted to the entrepreneur within 7 days of discovering the defect by the consumer.

Complaints submitted to the entrepreneur will be responded to within 30 days of receipt. If a complaint is expected to take longer to process, the entrepreneur will respond within 30 days and inform the consumer when to expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises, which is subject to dispute resolution procedures.

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

If the entrepreneur deems the complaint justified, they will, at their discretion, either replace or repair the delivered products.

Article 15 - Disputes

The contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by UK law, even if the consumer resides abroad.

Article 16 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK.