Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the 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;
Continuous performance 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 data carrier: any means 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 option 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: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location;
Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These 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 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 that they will be sent free of charge to the consumer upon request as soon as possible.

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

If specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the provision most favorable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that most closely reflects the intent of the original.

Situations not covered by these terms and conditions shall be assessed in accordance with the spirit of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these terms and conditions.

Article 3 – 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 offer is non-binding. The entrepreneur reserves the right to amend 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 enable proper assessment by the consumer. If images are used, they 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, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

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

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are attached to acceptance of the offer, in particular:

  • the price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal or courier service will apply the special scheme for postal and courier services when importing goods into the EU country of destination. The postal or courier service will collect VAT (possibly together with customs clearance costs) from the recipient;

  • any shipping costs;

  • the manner in which the agreement will be concluded and the actions required for this;

  • whether or not the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the period for accepting the offer or the period during which the entrepreneur guarantees the price;

  • the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate;

  • whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;

  • the way in which the consumer can check and correct the data provided before concluding the agreement;

  • any other languages in which the agreement can be concluded in addition to Dutch;

  • any codes of conduct to which the entrepreneur is subject and how these can be consulted electronically;

  • the minimum duration of the distance contract in the case of a continuous performance contract.

Optional: available sizes, colors, and types of materials.

Article 4 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.

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

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

The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and assess other relevant factors. If the entrepreneur has valid reasons not to conclude the agreement, they may refuse an order or attach special conditions.

The entrepreneur will provide the consumer with the following information in writing or in a manner that allows storage on a durable data carrier:

  • the visiting address of the entrepreneur’s establishment for complaints;

  • the conditions and method for exercising the right of withdrawal, or a clear statement if this right is excluded;

  • information about warranties and after-sales service;

  • the information referred to in Article 4(3), unless already provided;

  • the requirements for terminating the agreement if it has a duration of more than one year or is indefinite.

In the case of a continuous performance contract, this provision applies only to the first delivery.

All agreements are concluded subject to the availability of the products concerned.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without stating reasons within 30 days. This period begins on the day after receipt of the product by the consumer or a designated representative.

During the cooling-off period, the consumer shall handle the product and packaging with care and only unpack or use it to the extent necessary to assess whether they wish to keep it. If the right of withdrawal is exercised, the product must be returned with all accessories and, where reasonably possible, in its original condition and packaging.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 30 days of receipt. The product must then be returned within 30 days. The consumer must provide proof of timely return.

If the consumer does not notify the entrepreneur or return the product within the stated periods, the purchase becomes final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.

Any amounts paid will be refunded as soon as possible, but no later than 30 days after withdrawal, provided the product has been received or proof of return is supplied.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products:

  • made to the consumer’s specifications;

  • of a clearly personal nature;

  • which cannot be returned due to their nature;

  • which deteriorate or expire quickly;

  • whose price is subject to financial market fluctuations beyond the entrepreneur’s control;

  • newspapers and magazines;

  • audio and video recordings and computer software with broken seals;

  • hygienic products with broken seals.

For services, exclusion is possible for:

  • accommodation, transport, catering, or leisure activities on a specific date or period;

  • services begun with consumer consent before the cooling-off period expired;

  • betting and lotteries.

Article 8 – The Price

Prices will not be increased during the validity period of the offer, except for VAT changes.

Products or services subject to financial market fluctuations may be offered at variable prices.

Price increases within three months are allowed only if required by law. After three months, increases are allowed only if agreed and the consumer can terminate the agreement.

Delivery takes place outside the EU. Import VAT and customs costs will be charged by the courier. No VAT will be charged by the entrepreneur.

All prices are subject to typographical errors. No liability is accepted.

Article 9 – Identity of the Entrepreneur

Company name: [YOUR COMPANY NAME]
Business address: [YOUR BUSINESS ADDRESS]
Email: info@[YOUR STORE NAME].nl
Chamber of Commerce number: [YOUR COC NUMBER]
VAT number: [YOUR VAT ID]

Article 10 – Conformity and Warranty

The entrepreneur guarantees that products and services comply with the agreement and legal requirements.

Any warranty does not affect statutory rights.

Defects must be reported within 30 days. Products must be returned in original condition.

Warranty does not apply in cases of misuse, repairs by third parties, or abnormal conditions.

Article 11 – Delivery and Execution

Orders are delivered with due care within 30 days unless otherwise agreed.

In case of delay, the consumer may dissolve the agreement.

Risk transfers upon delivery to the consumer.

Article 12 – Continuous Performance Contracts

Consumers may terminate agreements in accordance with statutory notice periods. Automatic renewal is restricted as described.

Article 13 – Payment

Payments must be made within 7 working days unless otherwise agreed.

Incorrect payment details must be reported immediately.

Article 14 – Complaints Procedure

Complaints must be submitted within 7 days and will be answered within 30 days.

Article 15 – Disputes

Dutch law applies exclusively, even if the consumer resides abroad.

Article 16 – CESOP

Due to EU regulations effective from 2024 concerning the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.