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Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off period:
  The period during which the consumer may exercise his right of withdrawal.

• Consumer:
  A natural person acting outside of a professional or commercial activity who enters into a distance contract with the entrepreneur.

• Day:
  A calendar day.

• Continuous transaction:
  A distance contract relating to a series of products and/or services, the delivery and/or acceptance obligations of which are spread over a period of time.

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

• Right of withdrawal:
  The consumer’s opportunity to cancel the distance contract without giving any reason within the cooling-off period.

• Entrepreneur:
  The natural or legal person who offers products and/or services to consumers on a distance basis.

• Distance contract:
  A contract in which, as part of a system organized by the entrepreneur for the distance sale of goods and/or services, one or more means of remote communication are used exclusively up to and including the conclusion of the contract.

• Remote communication technique:
  Any means that can be used for concluding a contract without the consumer and the entrepreneur being present together in the same space.

• General Terms and Conditions:
  These general terms and conditions of the entrepreneur.

• VAT:
  English equivalent of TVA (France) 

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Article 2 – Identity of the Entrepreneur

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Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every concluded distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions can be viewed at the trader’s premises and that they will be provided to the consumer free of charge as soon as possible upon request.

Notwithstanding the foregoing, when the distance contract is concluded electronically, the text of these general terms and conditions shall be made available to the consumer in electronic form before the conclusion of the distance contract in such a manner that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be provided to the consumer free of charge, either electronically or otherwise, upon request.

If, in addition to these general terms and conditions, special product or service conditions apply, the provisions of paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision most favorable to him.

If one or more provisions of these General Terms and Conditions are found to be wholly or partly null and void or annulled at any time, the remainder of the contract and these General Terms and Conditions shall remain in force, and the respective provision shall be promptly replaced by a provision that comes as close as possible to the intent of the original provision.

Situations not covered by these General Terms and Conditions shall be assessed “in the spirit” of these General Terms and Conditions.

Any ambiguities concerning the interpretation or the content of one or more provisions of our General Terms and Conditions shall be interpreted “in the spirit” of these General Terms and Conditions.

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Article 4 – The Offer

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

The offer is subject to change. The entrepreneur reserves the right to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to correctly assess the offer. If the entrepreneur uses images, these will be a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or termination of the contract.

The images of the Products are a faithful representation of the products offered. The Company cannot guarantee that the depicted colors correspond exactly to the actual colors of the Products.

Each offer contains information from which the consumer can determine what rights and obligations are associated with the acceptance of the offer. This includes in particular:

• The price, excluding import clearance costs and VAT upon import. These additional costs are at the customer’s expense and risk. The postal and/or courier service applies the special regulation for postal and courier services at import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier company collects the VAT (also in connection with import clearance costs) from the recipient of the goods.
• The shipping costs, if applicable;
• The manner in which the contract is to be concluded and the necessary actions required for its conclusion;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the contract;
• The period for acceptance of the offer or the period during which the trader guarantees the price;
• The rate for remote communication, if the costs of using the remote communication technique are calculated on a basis different from the standard basic rate for the communication method used;
• Whether the contract, after its conclusion, will be archived and, if so, in what manner it can be consulted by the consumer;
• The manner in which the consumer can check and, if necessary, correct the information provided by him in connection with the contract before its conclusion;
• All languages other than Dutch in which the contract can be concluded;
• The codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically;
• And the minimum duration of the distance contract in the case of a continuous transaction.

Optionally: available sizes, colors, material types.

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Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the stipulated conditions.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance electronically. As long as the receipt of this acceptance is not confirmed by the trader, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the trader will take appropriate security measures.

Within the legal framework, the trader may inquire about whether the consumer is capable of meeting his payment obligations and about all the facts and factors relevant to entering into the contract responsibly. If the trader has good reason based on this inquiry to not enter into the contract, he is entitled to refuse an order or request or to attach special conditions to its execution.

The trader shall provide the consumer, together with the product or service, either in writing or in a manner that allows the consumer to store it on a durable medium, with the following information:

1. The address of the trader's registered office where the consumer may address complaints;
2. The conditions under which and the manner in which the consumer may exercise his right of withdrawal, or a clear notice that the right of withdrawal is excluded;
3. Information about warranties and the available after-sales service;
4. The data mentioned in Article 4, paragraph 3, of these conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
5. The conditions for terminating the contract if the contract has a duration of more than one year or is of an indefinite duration.

In the case of a continuous contract, the provisions of the preceding paragraph shall only apply to the first delivery.

Each contract is concluded subject to the condition precedent of sufficient availability of the products involved.

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Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to cancel the contract without giving any reason within 14 days. This cooling-off period begins on the day the consumer or a representative designated by both the consumer and the trader receives the product.

During the cooling-off period, the consumer must handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine whether he wishes to retain it. If he exercises his right of withdrawal, he must return the product, with all accessories provided and, as far as reasonable, in its original condition and packaging, to the trader in accordance with the trader's reasonable and clear instructions.

If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur in writing (e.g., by email) within 14 days of receiving the product.

After the consumer has indicated his wish to exercise his right of withdrawal, he must return the product within 14 days. The consumer must provide proof that the product has been returned on time, for example, by a shipping receipt.

If the customer does not notify the trader of his wish to exercise his right of withdrawal within the periods mentioned in paragraphs 2 and 3, or fails to return the product to the trader, the purchase becomes final.

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Article 7 – Costs in Case of Withdrawal

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

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the goods have either been received by the trader or that conclusive proof of their complete return can be provided.

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Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer from the right of withdrawal for the products described in paragraphs 2 and 3, provided that the trader clearly stated this in the offer, or at least in time before the contract is concluded.

The exclusion of the right of withdrawal is only possible for products:

1. That are manufactured by the trader according to the consumer’s specifications;
2. That are clearly personal in nature;
3. That, by their nature, cannot be returned; or
4. That deteriorate or expire quickly;
5. Whose price is subject to fluctuations in the financial market over which the trader has no influence;
6. For individual newspapers and magazines;
7. For audio and video recordings and computer software if the seal has been broken by the consumer; and
8. For hygiene items if the consumer has broken the seal.

The exclusion of the right of withdrawal is only possible for services:

1. Relating to accommodation, transport, hospitality, or leisure activities to be performed on a specific date or during a specific period;
2. Whose delivery has commenced, with the explicit consent of the consumer, before the expiry of the cooling-off period;
3. Regarding wagers and lotteries.

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Article 9 – The Price

During the validity period of the offer, the prices of the offered products and/or services cannot be increased, except for price adjustments resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which he has no influence, at variable prices. The connection with fluctuations and the fact that the stated prices are advisory prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed to them and:

1. They result from statutory provisions or regulations; or
2. The consumer has the right to terminate the contract from the day on which the price increase takes effect.

According to Article 5, paragraph 1, of the 1968 VAT Act, the place of delivery is the country where the transport begins. 

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

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Article 10 – Compliance 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 quality and/or usability, and the statutory provisions and/or government regulations in force at the time the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

Any guarantee provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The products must be returned in the original packaging and in new condition.

The guarantee period provided by the Entrepreneur corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use 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 altered the delivered products himself or had them repaired and/or altered by a third party;
• The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the trader’s instructions, including instructions on the packaging;
• The defect is wholly or partly attributable to regulations issued or to be issued by the state regarding the type or quality of the materials used.

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Article 11 – Delivery and Performance

The entrepreneur will exercise the utmost care in receiving and processing orders for products.

The place of delivery shall be the address provided by the consumer to the entrepreneur.

Subject to the provisions mentioned in Article 4 of these general terms and conditions, the entrepreneur will process accepted orders with due diligence, but in any event within 30 days, unless the consumer has agreed to a longer delivery period. Should delivery be delayed, or if an order cannot be fully or partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and to claim any damages.

In the event of dissolution as per the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If it is not possible to deliver an ordered product, the entrepreneur will endeavor to provide a substitute product. At the time of delivery, it must be clearly and understandably stated that a substitute product is being delivered. The right of withdrawal cannot be excluded for substitute products. The costs of return shipping are borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until the products have been delivered to the consumer or a representative designated by the consumer and communicated to the entrepreneur, unless expressly agreed otherwise.

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Article 12 – Continuation of Services: Duration, Termination, and Extension

Planning
The consumer may terminate at any time a contract entered into for an indefinite period concerning 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 terminate a contract entered into for a fixed period concerning the regular delivery of products (including electricity) or services at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the aforementioned contracts at any time, not only at a specific time or for a certain period, but in the same manner as they were concluded by him, always with the same notice period as established by the trader for himself.

Extension
A contract concluded for a fixed period concerning the regular delivery of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period.

Notwithstanding the previous paragraph, a fixed-term contract for the periodic supply of daily and weekly newspapers and magazines may be tacitly extended for a period of no more than three months, provided that the consumer has the right to terminate the extended contract at the end of the extension period with a notice period of no more than one month.

A fixed-term contract concerning the regular delivery of goods or the provision of services may only be tacitly extended for an indefinite period if the consumer has the option to terminate the contract at any time with a notice period of no more than one month, which, in the case of a contract for the regular delivery of daily and weekly newspapers or magazines, but less than once per month, may not exceed three months.

A temporary contract for the regular delivery of daily and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically terminate at the end of the trial or introductory period.

A contract with a duration of more than one year may be terminated by the consumer at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed period.

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Article 13 – Payment

Unless otherwise agreed, the amounts payable by the consumer shall be paid within 7 working days after the beginning of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to immediately notify the operator of any inaccuracies in the data provided or in the indicated payment.

In the event of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the consumer for all reasonable costs, which have been communicated to him in advance.

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Article 14 – Complaints

Complaints regarding the performance of the contract must be submitted to the entrepreneur in a complete and clear manner within 7 days after the consumer has noticed the defects.

Complaints submitted to the trader will be answered within 14 days after receipt. If a complaint requires a reasonably longer processing time, the trader will acknowledge receipt within 14 days and indicate when the consumer can expect a more detailed response.

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

A complaint does not suspend the trader’s obligations unless the trader expressly indicates so in writing.

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Article 15 – Disputes

For contracts between the entrepreneur and the consumer to which these general terms and conditions apply, exclusively French law shall apply, even if the consumer resides abroad.

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