General terms and conditions
Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: calendar day.
Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable data carrier: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows 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 who offers products and/or services to consumers at a distance.
Distance contract: an agreement whereby, within a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication.
Distance communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
[COMPANY NAME]
[STREET NAME] [HOUSE NUMBER], [POSTAL CODE] [CITY]
Email: [EMAIL ADDRESS]
Chamber of Commerce number: [KVK NUMBER]
VAT identification number: [VAT NUMBER]
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur 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 distance contract is concluded that the terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge to the consumer upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may be made available electronically to the consumer in such a way that it can easily be stored on a durable data carrier.
If specific product or service conditions also apply in addition to these general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.
If one or more provisions of these terms and conditions become void or are cancelled, the remaining provisions will remain fully applicable. The invalid provision will be replaced with a provision that most closely reflects the intent of the original provision.
Situations not covered by these terms and conditions should be assessed in the spirit of these terms and conditions.
Ambiguities regarding the interpretation of these conditions should also be interpreted in the spirit of these terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offering is non-binding. The entrepreneur is entitled to modify 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 properly assess 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 are not binding for the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or termination of the agreement.
Product images are a truthful representation of the offered products, but the entrepreneur cannot guarantee that displayed colors exactly match the actual colors.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to accepting the offer, including in particular:
- the price including taxes
- possible shipping costs
- the method by which the agreement will be concluded
- whether the right of withdrawal applies
- the method of payment, delivery, and execution
- the period for accepting the offer or the period during which the price is guaranteed
- possible communication costs
- whether the agreement will be archived and how it can be accessed
- how the consumer can check and correctly provided data before concluding the agreement
- possible other languages in which the agreement may be concluded
- codes of conduct the entrepreneur adheres to and how the consumer can consult them
- the minimum duration of the agreement in case of a long-term transaction
Optional: available sizes, colors, and materials.
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 associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this confirmation has not been sent, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe web environment.
The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations and all facts relevant to responsibly entering into the agreement.
If there are valid reasons based on this investigation, the entrepreneur has the right to refuse an order or impose special conditions.
The entrepreneur will provide the consumer with the following information in writing or in a storable format:
the address where complaints can be submitted
- conditions and methods for exercising the right of withdrawal
- information about guarantees and after-sales services
- the information described in Article 4 paragraph 3
- termination requirements for agreements longer than one year
Every agreement is entered into under the condition of sufficient availability of the products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days.
This cooling-off period starts on the day after the consumer receives the product.
During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether they wish to keep it.
If the consumer exercises the right of withdrawal, they must return the product with all accessories and, if reasonably possible, in its original condition and packaging.
The consumer must notify the entrepreneur within 14 days after receiving the product if they wish to exercise the right of withdrawal.
After notification, the consumer must return the product within 14 days and provide proof of shipment.
If the consumer does not notify the entrepreneur or return the product within these periods, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the product are borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount within 14 days after withdrawal, provided the returned product has been received or proof of return shipment has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products, provided this was clearly stated before concluding the agreement.
This exclusion applies to products:
- made according to consumer specifications
- clearly personal in nature
- that cannot be returned due to their nature
- that spoils quickly
- whose price depends on financial market fluctuations
- newspapers and magazines
- audio/video recordings or software whose seal has been broken
- hygienic products whose seal has been broken
Article 9 – The Price
Prices of products and services will not increase during the validity period stated in the offer, except for changes due to VAT rates.
Products whose prices are subject to financial market fluctuations may have variable pricing.
Prices listed include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for such errors.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and services comply with the agreement, specifications stated in the offer, reasonable standards of reliability and usability, and legal requirements.
Any defects or incorrectly delivered products must be reported within 14 days after delivery.
Products must be returned in their original packaging and condition.
The warranty period corresponds to the manufacturer's warranty period.
The warranty does not apply if:
- the consumer has repaired or modified the product themselves
- the product has been exposed to abnormal conditions
- the product has been handled improperly
Article 11 – Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders.
The place of delivery is the address provided by the consumer.
Accepted orders will be executed as quickly as possible and within 30 days, unless another delivery period has been agreed upon.
If delivery is delayed, the consumer will be informed within 30 days.
The consumer then has the right to cancel the agreement free of charge.
Article 12 – Duration Transactions
Consumers may terminate agreements concluded for an indefinite period at any time with a notice period of one month.
Agreements for a fixed term may be terminated at the end of the term with a notice period of one month.
Article 13 – Payment
Unless otherwise agreed, payment must be made within 7 working days after the start of the cooling-off period.
The consumer must immediately report inaccuracies in payment details.
In case of non-payment, the entrepreneur has the right to charge reasonable costs
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted within 7 days after discovering the issue.
Complaints will be answered within 14 days after receipt.
If a complaint requires a longer processing time, the consumer will receive confirmation and an indication of when a full response can be expected.
If a complaint cannot be resolved mutually, a dispute arises.
Article 15 – Disputes
All agreements between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
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