General Terms and Conditions

Article 1 – Definitions

In these conditions, the following definitions apply:

Withdrawal period: The period within which the consumer can exercise their right of withdrawal.

Consumer: The 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 contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

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

Right of withdrawal: The consumer's option to cancel the distance contract within the withdrawal period.

Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.

Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, using exclusively one or more techniques of distance communication up to the conclusion of the contract.

Distance communication technique: Means that can be used for concluding a contract without the consumer and entrepreneur simultaneously being in the same room.

General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Right of withdrawal

The consumer has the right to withdraw from the contract within 30 days without giving reasons. During the withdrawal period, the consumer will handle the product and packaging with care.

If the consumer exercises their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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 general terms and conditions can be consulted at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these conditions will otherwise remain in force and the provision in question will immediately be replaced by mutual agreement by a provision that approximates the original purpose as much as possible.

Situations not covered by these general terms and conditions must be assessed "in the spirit" of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.

If the entrepreneur 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 entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • Any shipping costs.
  • The way in which the contract will be concluded and the actions required for this.
  • The applicability or non-applicability of the right of withdrawal.
  • The method of payment, delivery and performance of the contract.
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
  • The amount of the distance communication rate if the costs for using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used.
  • Whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer.
  • The way in which the consumer can check and, if desired, correct the data provided in the context of the contract before concluding it.
  • Any languages other than Dutch in which the contract can be concluded.
  • The codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically.
  • The minimum duration of the distance contract in the event of a long-term transaction.
  • Optional: available sizes, colors and types of materials.


Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can dissolve the agreement.

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

The entrepreneur can, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

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

  • The visiting address of the entrepreneur's establishment where the consumer can lodge complaints.
  • The conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  • The information about existing guarantees and after-sales service.
  • The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement.
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days.

This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and announced to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product.

If he exercises his right of withdrawal, he will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days of receiving the product. The consumer must make this known by means of a written message or email.

After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If the customer has not made known his intention to make use of his right of withdrawal and/or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is final.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products will be at the consumer's expense.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition for this is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the contract.

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

  • That have been created by the entrepreneur in accordance with the consumer's specifications.
  • That are clearly personal in nature.
  • Which, by their nature, cannot be returned.
  • Which can deteriorate or expire quickly.
  • Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
  • Individual newspapers and magazines.
  • Audio and video recordings and computer software whose seal has been broken by the consumer.
  • Hygienic 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, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that the prices indicated are indicative will be mentioned in the offer.

Price increases within three months after the conclusion of the contract are only permitted if they are the result of regulations or legal provisions.

Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:

  • Are a consequence of regulations or legal provisions.
  • The consumer has the right to terminate the contract from the day the price increase takes effect.

All prices are subject to typesetting and printing errors. No liability is accepted for the consequences of typesetting and printing errors. In case of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days after delivery. 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 ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

  • The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties.
  • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
  • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed by the consumer.

If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without cost and is entitled to any compensation.

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

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.

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

Article 12 – Duration Transactions: Duration, Cancellation and Renewal

Cancellation

The consumer can cancel a contract concluded for an indefinite period and intended for the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.

The consumer can cancel a contract concluded for a definite period and intended for the regular delivery of products (including electricity) or services at any time at the end of the definite duration, observing the agreed cancellation rules and a notice period of no more than one month.

The consumer can cancel the contracts mentioned in the previous paragraphs:

  • At any time and will not be limited to cancelling at a specific time or period.
  • At least in the same way they were concluded.
  • Always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

A contract concluded for a definite period and intended for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, a contract concluded for a definite period and intended for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a maximum duration of three months, if the consumer can cancel this renewed contract at the end of the renewal with a notice period of no more than one month.

A contract concluded for a definite period and intended for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract concerns the regular, but less than once a month, delivery of daily newspapers, weekly newspapers and magazines.

A limited-term contract for the introductory regular delivery of daily newspapers, weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer can cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the reflection period referred to in Article 6 paragraph 1.

In the event of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur within seven days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.

If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

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

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

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Spanish law.

Even if the consumer resides abroad.