TERMS & CONDITIONS

ARTICLE 2 - DEFINITIONS

  1. Reflection period: the period within which the consumer can make use of his right of withdrawal;

  2. Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;

  3. Day: calendar day;

  4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

  5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information;

  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

  7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal;

  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

  9. Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

  10. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting simultaneously in the same room.

  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

ARTICLE 3 - APPLICABILITY

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer;

  2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer;

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

  4. In the event that specific product or service conditions 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 general terms and conditions;

  5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, then the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced by a provision in mutual consultation without delay. Of the original as close as possible.

ARTICLE 4 - THE OFFER

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

  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer;

  3. 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 mistakes or errors in the offer are not binding on the entrepreneur;

  4. All images, specifications data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement;

  5. Images accompanying products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products;

  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the special:

    1. The price including taxes;

    2. Any shipping costs;

    3. The manner in which the agreement will be concluded and which actions are required for this;

    4. Whether or not the right of withdrawal applies; the method of payment, delivery and execution of the agreement;

    5. The term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

    6. The amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;

    7. Whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

    8. The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;

ARTICEL 5 - THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the associated conditions;

  2. 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 receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement;

  3. 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;

  4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. 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;

  5. The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  6. The information about guarantees and existing after-sales service;

  7. The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

  8. The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;

  9. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

ARTICLE 6 - RIGHT OF WITHDRAWEL

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur;

  2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur;

  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication, such as by e-mail. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment;

  4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact;

  5. A consumer can only cancel an online purchase without giving any reason during the cooling-off period on the condition that:

    1. The product has not been used;

    2. It is not a product that has been specially tailored or modified for the consumer;

    3. It is not a product that cannot be returned for hygienic reasons;

    4. The consumer has not waived his right of withdrawal.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWEL

  1. If the consumer makes use of his right of withdrawal, the maximum costs of return will be for his account;

  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method;

  3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss in value of the product;

  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

ARTICLE 8 - EXCLUSION RIGHT OF WITHDRAWEL

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 only applies if the entrepreneur has stated this clearly in the offer, at least in time for the conclusion of the agreement.

ARTICLE 9 - THE PRICE

  1. All prices that the entrepreneur uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated or agreed otherwise;

  2. All prices that the entrepreneur uses for its products, on its website or that are otherwise made known, can be changed by the entrepreneur at any time;

  3. Increases in the cost prices of products or parts thereof, which the entrepreneur could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increase;

  4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

ARTICLE 10 - WARRENTY

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

  2. 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 agreement;

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

  4. The warranty does not apply if:

    1. The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;

    2. The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

    3. The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

ARTICLE 11 - DELIVERY AND DELIVERY TIME

  1. The place of delivery is the address that the consumer has made known to the company;

  2. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation;

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

  4. Delivery takes place while stocks last;

  5. The delivery time starts at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation from the entrepreneur;

  6. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless the entrepreneur is unable to deliver within 14 days after receiving a written demand for this or the parties have agreed otherwise;

  7. The customer must ensure that the actual delivery of the products ordered by him can take place on time.

ARTICLE 12 - PAYMENT

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1;

  2. In the event of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur;

  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 13 - COMPLAINT PROCEDURE

  1. The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure;

  2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 14 days, after the consumer has discovered the defects;

  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer;

  4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure;

  5. In the event of complaints, a consumer must first turn to the entrepreneur;

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

  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 14 - DISPUTES

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.

ARTICLE 15 - ADDITIONAL OR DIFFRENT PROVISONS

Additional provisions or provisions that deviate 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 they can be stored by the consumer in an accessible manner on a durable data carrier.