Article 1 - Definitions

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

Consumer: a natural person acting for purposes outside their trade, business, craft or profession, who enters into a distance contract with the trader.

Day: calendar day.

Ongoing 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 instrument which enables the consumer or trader to store information addressed personally to them in a way accessible for future reference and unchanged reproduction.

Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.

Trader: the natural or legal person offering products and/or services to consumers at a distance.

Distance contract: a contract concluded between the trader and the consumer under an organised distance sales system, without the simultaneous physical presence of the trader and the consumer, by exclusive or combined use of one or more means of distance communication.

Means of distance communication: any means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same place.

General terms and conditions: these general terms and conditions of the trader.

Backorder / special procurement: an order for a product that is not, or not fully, available for immediate shipment from stock at the time of purchase and that will be supplied by the trader within the delivery period stated before the contract is concluded or otherwise agreed with the consumer.

Custom-made product: a product made to the consumer’s specifications, not prefabricated, and made on the basis of an individual choice or decision of the consumer, or clearly personalised for a specific person.

Article 2 - Identity of the Trader

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. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, where the terms and conditions may be consulted and that they will be sent free of charge at the consumer’s request.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium.

If, in addition to these general terms and conditions, specific product or service conditions apply, the consumer may, in the event of conflicting terms, rely on the provision that is most favourable to them.

If one or more provisions of these general terms and conditions are wholly or partially void or annulled, the remaining provisions shall remain in full force and effect.

Article 4 - The Offer

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

The offer contains a complete and accurate description of the products and/or services offered. Obvious errors or mistakes in the offer shall not bind the trader.

Images and specifications are intended to give as accurate a representation as reasonably possible of the product. Minor deviations shall not give rise to compensation or termination, unless the product does not conform to the contract.

Each offer shall contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in any event:

• the total price including taxes;
• any delivery costs;
• the method of payment, delivery and performance;
• whether the right of withdrawal applies;
• how the consumer can check and, if necessary, correct the information provided before concluding the contract.

If a product is not available for immediate shipment and is offered on a backorder or special-procurement basis, this shall be clearly stated before the contract is concluded. Where reasonably possible, an estimated delivery period shall also be stated. If the delivery period is longer than 30 days after conclusion of the contract, that longer period shall be expressly communicated to the consumer before the contract is concluded.

For products shipped across borders, the consumer must verify before ordering whether the product is lawful at the delivery address and in the country of destination, and must notify the trader in advance of any destination-specific documents or declarations that must be included with the shipment.

Article 5 - The Agreement

The agreement is concluded at the moment the consumer accepts the offer and complies with the conditions attached to it.

If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of that acceptance electronically.

The trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure online environment.

Within the limits of the law, the trader may assess whether the consumer can fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the contract. If the trader has proper grounds not to conclude the contract, the trader is entitled to refuse an order or attach special conditions to its performance.

If an order is wholly or partly placed on backorder, the consumer shall receive confirmation of this on a durable medium, including the relevant product or part of the order and the estimated delivery period.

The trader shall provide the consumer, no later than at the time of delivery, with the legally required information insofar as that information has not already been provided.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 14 days. This cooling-off period begins on the day after the consumer, or a third party designated in advance by the consumer other than the carrier, receives the product.

If the consumer has ordered multiple products in one order that are delivered separately, the cooling-off period starts on the day after the last product has been received. If the delivery of a product consists of different consignments or parts, the cooling-off period starts on the day after the last consignment or part has been received.

During the cooling-off period, the consumer shall handle the product and 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.

If the consumer wishes to exercise the right of withdrawal, they must notify the trader within the cooling-off period by means of the model withdrawal form or by another clear and unambiguous statement.

After notifying the trader of the withdrawal, the consumer shall return the product as soon as possible, but no later than 14 days after such notification, unless the trader has offered to collect the product themselves. The consumer has returned the product in time if it is sent back before the 14-day period has expired.

The consumer may also exercise the right of withdrawal before delivery in the case of a distance contract, insofar as the statutory right of withdrawal applies.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, at most the direct cost of returning the product shall be borne by the consumer, unless the trader has stated in advance that they will bear those costs.

The consumer bears the risk of the return shipment until it has been received by the trader, unless the trader has offered to collect the product or unless the law provides otherwise. The consumer is therefore advised to retain proof of shipment and, if available, tracking details.

The trader shall reimburse all payments received from the consumer in relation to the returned product, including standard outbound delivery costs where applicable, without undue delay and no later than 14 days after the consumer has informed the trader of the withdrawal. In the case of a partial return of an order, the original delivery costs do not necessarily have to be refunded. The trader may withhold reimbursement until the product has been received or until the consumer has supplied evidence of having returned the product, whichever is earlier.

Reimbursement shall be made using the same means of payment as the consumer used for the initial transaction, unless the consumer expressly agrees otherwise.

The consumer is only liable for any diminished value of the product resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the product.

Article 8 - Exclusion of the Right of Withdrawal

Exclusion of the right of withdrawal is only possible insofar as permitted by law and only if the trader has clearly informed the consumer of this before the contract is concluded.

The right of withdrawal may, among other things, be excluded for:

• products made to the consumer’s specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly personalised for a specific person;
• products liable to deteriorate or expire rapidly;
• sealed goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery;
• goods which, after delivery, are inseparably mixed with other items by their nature;
• sealed audio or video recordings or computer software which were unsealed after delivery;
• digital content not supplied on a tangible medium, where performance has begun with the consumer’s prior express consent and acknowledgment that the right of withdrawal is thereby lost.

The mere fact that a product is procured especially for the consumer or is not normally held in stock does not automatically exclude the right of withdrawal. For standard products specially ordered in for the consumer, the statutory right of withdrawal remains applicable unless a legal exception applies.

Article 9 - Prices

During the validity period 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.

The prices stated in the offer include VAT unless expressly stated otherwise.

Obvious printing, typographical or programming errors in prices or offers shall not bind the trader.

Article 10 - Conformity and Guarantee

The trader guarantees that the products comply with the contract, with the specifications stated in the offer, with the reasonable requirements of soundness and usability, and with the legal provisions and government regulations in force on the date the contract is concluded.

Any commercial guarantee provided by the trader, manufacturer or importer does not affect the consumer’s statutory rights and remedies in relation to lack of conformity.

The consumer is requested to notify the trader of visible defects or inaccuracies within a reasonable time after discovery. A notification made within two months of discovery shall in any event be regarded as timely.

The guarantee does not apply to defects caused by improper or unintended use, normal wear and tear, damage caused intentionally or negligently, or modifications and repairs carried out without the permission of the trader or manufacturer, unless the consumer proves that the defect was not caused by this.

Article 11 - Delivery and Performance

The trader shall exercise the greatest possible care when receiving and performing orders.

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

The trader shall deliver accepted orders without undue delay and, in any event, no later than 30 days after conclusion of the contract, unless a different delivery period has been agreed. If a longer delivery period has been agreed, this shall be clearly communicated to the consumer before the contract is concluded.

If an order is wholly or partly on backorder, this shall be communicated to the consumer as clearly as possible. The trader shall inform the consumer as soon as possible if the stated or expected delivery period cannot be met.

If delivery does not take place on time and no fixed delivery date was agreed, the consumer must in principle first grant the trader an additional period of time that is appropriate in the circumstances to complete delivery. If delivery is not made within that additional period, the consumer shall have the right to terminate the contract. If a fixed delivery date was agreed and delivery on that date is essential in the circumstances, the consumer may terminate the contract if delivery does not take place on time.

If the consumer withdraws from a distance contract within the statutory withdrawal period, the consumer does not need to grant the trader an additional delivery period. In that case, the contract shall be settled in accordance with the applicable legal rules.

If the contract is lawfully terminated due to non-delivery or late delivery, the trader shall reimburse payments already received for the undelivered part without undue delay and, where required by law, no later than 14 days after termination.

The trader is entitled to make partial deliveries, unless this would be unreasonably burdensome for the consumer or unless otherwise expressly agreed. Any additional delivery charges that arise solely because the trader chooses to split the delivery shall not be charged to the consumer unless agreed in advance and permitted by law.

If delivery of an ordered product proves impossible, the trader shall inform the consumer without undue delay. A substitute product shall only be delivered if the consumer agrees to this or if this has clearly been agreed in advance. For any substitute product, the statutory right of withdrawal remains applicable unless it has been lawfully excluded.

The risk of damage to and/or loss of products remains with the trader until the moment of delivery to the consumer or to a third party designated by the consumer, unless expressly agreed otherwise and permitted by law.

If an order is returned by the delivery service because the consumer provided an incorrect address or failed to collect the parcel in time from a collection point, the trader may charge reasonable costs for re-shipment.

For cross-border and international orders, the consumer is responsible for verifying before placing the order whether the ordered product may lawfully be imported, possessed, received, purchased or used at the delivery address and in the country of destination. This also includes checking whether the consumer meets any local age, licence, registration, permit or other legal requirements that may apply in the country of destination.

If any additional document, declaration, authorisation, permit copy, importer statement or other information is required in order for the product to be lawfully shipped, imported, released, delivered or possessed in the country of destination, the consumer must inform the trader of this clearly and in writing before the contract is concluded. The consumer is responsible for providing such information and supporting documentation accurately and in time.

The trader is not responsible for delays, refusal of delivery, confiscation, seizure, destruction, return shipment, additional charges or other consequences arising from import restrictions, possession restrictions, local legal requirements, missing documentation or the consumer’s failure to provide correct or timely information, except to the extent such responsibility cannot be excluded under mandatory consumer law.

Confiscation, seizure or destruction of a shipment by a carrier, customs authority or any other authority in the country of transit or destination shall not in itself entitle the consumer to a credit note, refund or other reimbursement. Any refund or credit in relation to such a shipment will only be considered after the relevant product has actually been returned to and received by the trader, unless mandatory consumer law requires otherwise.

If, after the contract has been concluded, it appears that additional destination-specific documents or information are required and these were not clearly communicated by the consumer before the contract was concluded, the trader shall be entitled to suspend performance until the required information is received, or, where performance is not reasonably possible, to cancel the order for the relevant product and refund the amount paid for that product only after the product has been returned to and received by the trader, insofar as permitted by law.

Article 12 - Ongoing Contracts: Duration, Termination and Renewal

The consumer may terminate an agreement concluded for an indefinite period and relating to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed term and relating to the regular delivery of products or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

An agreement for a fixed term may not be tacitly renewed for a fixed period unless permitted by law.

If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid at the time and by the payment method indicated during the checkout process or otherwise specified by the trader.

The consumer is obliged to inform the trader without delay of any inaccuracies in payment details provided or stated.

If the consumer fails to meet a payment obligation in time, the trader is entitled, after having pointed out the late payment to the consumer and having granted the consumer a reasonable period to fulfil the payment obligation, to charge the legally permitted extrajudicial collection costs.

Article 14 - Complaints Procedure

The trader operates a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.

Complaints concerning the performance of the contract must be submitted to the trader within a reasonable time after the consumer has discovered the defect, fully and clearly described.

Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the trader shall, within 14 days, send an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 - Disputes

These general terms and conditions and the agreements to which they apply shall be governed by Dutch law, without prejudice to mandatory consumer protection rules that may apply in the consumer’s country of residence within the European Union.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Any disputes shall be submitted to the competent court, subject to the consumer’s rights under applicable mandatory law.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 17 - Repairs and/or Custom-Made or Special Orders

Repairs that are not covered by statutory guarantee rights or an applicable commercial guarantee shall be carried out at the customer’s expense and risk. The trader shall not be liable for damage resulting from pre-existing defects, hidden defects or incorrect information provided by the customer.

A 3-month repair guarantee is provided on repairs carried out, limited to the repaired component or the repair work performed, unless the nature of the repair or the circumstances indicate otherwise. This guarantee does not apply to new or related defects that are not connected to the repair performed, nor to defects caused by improper use, dropping, impact, unauthorised modifications or repairs by third parties.

If the customer does not collect a repaired item within 6 months after being notified that it is ready for collection, the trader shall be entitled to charge reasonable storage costs and, after prior notice, take further measures insofar as permitted by law.

If a quotation is issued for a repair or special order, it shall remain valid for 5 working days unless stated otherwise.

For custom-made products, the statutory right of withdrawal may be excluded where the product has been made to the consumer’s specifications, is not prefabricated and has been made on the basis of an individual choice or decision of the consumer, or is clearly personalised for a specific person, provided this was clearly communicated before the contract was concluded.

For standard products specially procured for the consumer which are not custom-made products, the statutory right of withdrawal remains applicable in principle. The mere fact that a product was specially ordered for the consumer or not normally kept in stock is not, in itself, a valid reason to exclude the right of withdrawal.

The customer must inspect a repaired product or special order within a reasonable time after receipt and report any visible defects or deviations to the trader as soon as reasonably possible in writing.

No guarantee applies to loose parts or products that are installed or processed by the customer themselves where damage or defects result from incorrect installation, improper use or unsuitable application.

During the term of a repair agreement, no safekeeping agreement shall exist unless expressly agreed otherwise in writing.