Terms and Conditions

Article 1 – Definitions

Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – Pricing
Article 12 – Performance and additional guarantee
Article 13 – Delivery and execution
Article 14 – Continuing performance contracts: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Supplementary or deviating provisions

Article 1 – Definitions. In these terms and conditions, the following definitions apply:

Supplementary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, where said goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: any natural person acting for purposes that are outside their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: a contract for the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any instrument — including email — that enables the consumer or the trader to store information addressed personally to them in a way that allows future access and unaltered reproduction of the stored information for a period suited to the purpose for which the information is intended;
Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period;
Trader: any natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within an organised scheme for distance sale of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or additional use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available where the consumer has no right of withdrawal in respect of the order;
Means of distance communication: any means that may be used to conclude a contract without the consumer and the trader being in the same place at the same time.

Article 2 – Identity of the trader

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Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. Where this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, how the general terms and conditions may be viewed at the trader's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
Where the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. Where this is not reasonably possible, the trader shall indicate, before the distance contract is concluded, where the general terms and conditions may be consulted electronically and that they will be sent to the consumer free of charge, either electronically or by other means, upon request.
Where specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply by analogy and, in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favourable to them.

Article 4 – The offer

Where an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
The offer shall contain a complete and accurate description of the products, digital content and/or services offered. The description shall be sufficiently detailed to enable the consumer to make a proper assessment of the offer. Where the trader uses images, these shall be a truthful representation of the products, services and/or digital content offered. Obvious errors or mistakes in the offer shall not be binding on the trader.
Every offer shall contain such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions attached thereto.
Where the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of acceptance of the offer by electronic means. For as long as the trader has not confirmed receipt of such acceptance, the consumer may rescind the contract.
Where the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. Where the consumer is able to pay electronically, the trader shall observe appropriate security measures.
The trader may, within the limits of the law, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. Where, on the basis of this enquiry, the trader has good grounds for declining to enter into the contract, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its execution.
The trader shall, no later than upon delivery of the product, service or digital content, provide the consumer with the following information in writing, or in such a way that the consumer can store it in an accessible manner on a durable medium: a. the visiting address of the trader's place of business where the consumer may direct complaints; b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded; c. information on guarantees and existing after-sales service; d. the price inclusive of all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract; e. the requirements for termination of the contract where the contract has a duration of more than one year or is of indefinite duration; f. the model withdrawal form, where the consumer has a right of withdrawal.
In the case of a continuing performance contract, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 – Right of withdrawal. For products:

The consumer may terminate a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not oblige the consumer to state the reason(s).
The cooling-off period referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or: a. where the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The trader may, provided the consumer has been clearly informed of this prior to the ordering process, refuse an order for multiple products with different delivery times; b. where the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last consignment or the last part; c. in the case of contracts for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by the consumer, has received the first product. For services and digital content not supplied on a tangible medium:
The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during a period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not oblige the consumer to state the reason(s).
The cooling-off period referred to in paragraph 3 shall commence on the day following the conclusion of the contract. Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform the consumer about the right of withdrawal:
Where the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
Where the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
The consumer shall only be liable for any diminished value of the product resulting from handling that goes beyond what is permitted in paragraph 1.
The consumer shall not be liable for any diminished value of the product where the trader has failed to provide the consumer with all legally required information about the right of withdrawal before or at the time of conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises the right of withdrawal, the consumer shall notify the trader within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not required where the trader has offered to collect the product. The consumer shall in any event have observed the return period if the product is returned before the cooling-off period has expired.
The consumer shall return the product with all accessories supplied, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the consumer.
The consumer shall bear the direct costs of returning the product. Where the trader has not reported that the consumer must bear these costs, or where the trader indicates that they will bear the costs themselves, the consumer shall not bear the costs of return.
Where the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not put up for sale in a limited volume or specified quantity commences during the cooling-off period, the consumer shall owe the trader an amount proportional to that part of the obligation that has been fulfilled by the trader at the time of withdrawal, compared with the full performance of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not put up for sale in a limited volume or quantity, or for the supply of district heating, where: a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal, or the model withdrawal form; or b. the consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium where: a. the consumer has not expressly consented to the commencement of the performance of the contract before the end of the cooling-off period prior to delivery; b. the consumer has not acknowledged losing the right of withdrawal when giving consent; or c. the trader has failed to confirm this declaration by the consumer.
If the consumer exercises the right of withdrawal, all supplementary contracts shall be terminated by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

Where the trader enables the consumer to notify withdrawal electronically, the trader shall send an acknowledgement of receipt without delay upon receiving such notification.
The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product, the trader may wait to reimburse until the product has been received or until the consumer demonstrates that the product has been returned, whichever is the earlier.
The trader shall use the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement shall be free of charge to the consumer.
Where the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader need not reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only where the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

Products or services whose price is subject to fluctuations on the financial market over which the trader has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only where: a. performance has begun with the prior express consent of the consumer; and b. the consumer has declared that the right of withdrawal is lost once the trader has fully performed the contract;
Package travel as defined in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service contracts for the provision of accommodation, where the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Contracts relating to leisure activities, where the contract provides for a specific date or period of performance;
Products manufactured to the consumer's specifications, which are not prefabricated and which are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that perish rapidly or have a limited shelf life;
Sealed products which are not suitable for return on grounds of health protection or hygiene and the seal of which has been broken after delivery;
Products which, after delivery, are by their nature irrevocably mixed with other products;
Alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market over which the trader has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only where: a. performance has begun with the prior express consent of the consumer; and b. the consumer has declared that the right of withdrawal is thereby lost.

Article 11 – Pricing

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations on the financial market that are beyond the trader's control at variable prices. The offer shall state that prices are subject to such fluctuations and that any prices quoted are guide prices.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted where the trader has stipulated this and: a. they result from statutory regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Performance and additional guarantee

The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness and/or usability, and the statutory provisions and/or government regulations in force on the date of conclusion of the contract. Where agreed, the trader also warrants that the product is suitable for other than normal use.
An additional guarantee provided by the trader, the trader's supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader on the basis of the contract where the trader has failed to perform their part of the contract.
Additional guarantee means any undertaking by the trader, the trader's supplier, importer or producer granting the consumer certain rights or claims that go beyond what is legally required in the event of failure to perform their part of the contract.

Article 13 – Delivery and execution

The trader shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address that the consumer has made known to the trader.
Subject to the provisions of Article 4 of these general terms and conditions, the trader shall execute accepted orders with due speed but no later than within 30 days, unless a different delivery period has been agreed. Where delivery is delayed, or where an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any damages.
Following dissolution in accordance with the previous paragraph, the trader shall reimburse the amount paid by the consumer without delay.
The risk of damage to and/or loss of products shall rest with the trader until the moment of delivery to the consumer or a representative previously designated by and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing performance contracts: duration, termination and renewal

Termination:

The consumer may at any time terminate a contract of indefinite duration for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may at any time terminate a fixed-term contract for the regular delivery of products (including electricity) or services at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
With respect to the contracts referred to in the preceding paragraphs, the consumer may: – terminate at any time and not be limited to termination at a particular time or during a particular period; – terminate at least in the same manner as the contract was entered into; – always terminate with the same notice period as the trader has stipulated for itself. Renewal:
A fixed-term contract for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified period.
Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a specified period of no more than three months, provided that the consumer may terminate the renewed contract towards the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may at any time terminate with a notice period of no more than one month. The notice period shall be no more than three months where the contract is for the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines on an introductory basis (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically at the end of the trial or introductory period. Duration:
Where a contract has a duration of more than one year, the consumer may at any time after one year terminate the contract with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise stipulated in the contract or supplementary conditions, amounts owed by the consumer shall be paid within 14 days of the commencement of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period shall commence on the day after the consumer has received confirmation of the contract.
When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
Where the consumer fails to meet their payment obligation(s) in time, the trader shall notify the consumer of the late payment and grant the consumer a period of 14 days to meet the payment obligations. If payment is not received within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the trader shall be entitled to charge the extrajudicial collection costs incurred. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500; and 5% on the following €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

The trader shall have a sufficiently publicised complaints procedure and shall handle complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. Where a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer may expect a more detailed reply.
The consumer shall allow the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.

Article 18 – Supplementary or deviating provisions

Supplementary or deviating provisions may not be to the detriment of the consumer and shall be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.