General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuous transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;

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

Right of withdrawal: the consumer’s option to withdraw from the distance contract within the reflection period;

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

Distance contract: an agreement concluded in the context of an organized system for the remote sale of products and/or services by the entrepreneur, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room simultaneously;

Terms and Conditions: these current Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name:
Chamber of Commerce number:
Trade name:
VAT number:
Customer service email:
Business address:

Article 3 – Applicability

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

Before the distance contract is concluded, the text of these general 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 viewed at the entrepreneur’s premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, be provided electronically in such a way that the consumer can store it in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions shall remain in force, and the void or annulled provision shall be replaced by a provision that approximates the original as closely as possible.

Situations not regulated in these general terms and conditions must be assessed in the spirit of these general terms and conditions.

Uncertainties regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The offer

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

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

- the price, excluding customs clearance fees and import VAT. These additional costs are for the customer’s account and risk. The postal and/or courier service will handle the importation under the special scheme for postal and courier services, applicable when goods are imported into the EU country of destination;

- any shipping costs;

- how the agreement will be concluded and which actions are required;

- whether the right of withdrawal applies;

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

- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

- the rate for distance communication if the costs differ from the basic rate;

- whether the agreement will be archived and, if so, how it can be accessed;

- how the consumer can check and, if desired, correct the information provided in connection with the agreement;

- the available languages for the agreement besides Dutch;

- the codes of conduct the entrepreneur adheres to and how the consumer can view them electronically;

- the minimum duration of the distance contract in the case of a continuous transaction;

- optional: available sizes, colors, materials.

[Due to length, I will continue translating the remaining articles in the next message.]

Here is the continuation of the English translation of your terms and conditions:

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.

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

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

The entrepreneur may, within legal frameworks, determine whether the consumer can meet their payment obligations and gather information relevant to responsibly entering into the distance agreement. If the entrepreneur has sound reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or attach special conditions to its execution.

With the product or service, the entrepreneur shall send the following information in writing or in a manner that allows the consumer to store it on a durable data carrier:

- the address of the entrepreneur's establishment where the consumer can lodge complaints;

- the conditions and method for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

- information about warranties and existing after-sales services;

- the data as mentioned in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information before the execution of the agreement;

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

For a continuous transaction, the previous clause only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the agreement without stating reasons within 30 days. This reflection period starts on the day after the consumer, or a representative designated in advance and made known to the entrepreneur, has received the product.

During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product, via a written message or email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the product has been returned in time, for example by providing a shipping receipt. Returns may be made directly to our supplier in China.

If the consumer does not notify the entrepreneur within the specified periods or fails to return the product, the purchase is deemed final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear the full cost of returning the product, including any return to the country of origin, such as our supplier in China.

If the consumer has already paid, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has been received back or that conclusive proof of return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion is only valid if it is clearly stated in the offer or before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

- that have been made according to the consumer’s specifications;

- that are clearly personal in nature;

- that cannot be returned due to their nature;

- that spoil or age quickly;

- whose price is dependent on financial market fluctuations outside the entrepreneur’s control;

- single issues of newspapers and magazines;

- audio/video recordings and software whose seal has been broken;

- hygienic products whose seal has been broken.

Exclusion is only possible for services:

- related to accommodation, transport, restaurant, or leisure activities to be performed on a specific date or during a specific period;

- that have started with the consumer’s explicit consent before the end of the reflection period;

- related to betting and lotteries.

[The translation will continue in the next message, starting from Article 9 – Price.]

Here’s the final part of your English translation, continuing from Article 9 – Price:

Article 9 – Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer will state this link to market fluctuations and the fact that any prices stated are target prices.

Price increases within 3 months after the agreement is concluded are only allowed if they are the result of statutory regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

- they are the result of statutory regulations or provisions; or

- the consumer has the right to terminate the agreement from the day the price increase takes effect.

According to Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968, the place of delivery is considered the country where transport begins. In this case, the delivery occurs outside the EU. Consequently, the postal or courier service will charge the buyer import VAT and/or customs clearance fees. Therefore, the entrepreneur will not charge VAT.

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

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and existing legal provisions and/or government regulations on the date of the agreement.

Any warranty offered by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days of delivery. Returned products must be in their original packaging and in new condition.

The warranty period provided by the entrepreneur is equal to the manufacturer's warranty period. The entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice on the use or application of the products.

The warranty does not apply if:

- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;

- The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing product orders.

The delivery address is the address provided by the consumer to the entrepreneur.

With due observance of what is stated in Article 4, the entrepreneur shall execute accepted orders promptly and at the latest within 30 days, unless a longer delivery term has been agreed upon with the consumer. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without cost and is entitled to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund any amounts paid by the consumer as soon as possible, and at the latest within 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. The consumer will be informed clearly and understandably at the latest upon delivery that a replacement item is being delivered. Replacement items cannot be excluded from the right of withdrawal. Return shipping costs in such a case are at the entrepreneur’s expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative, unless expressly agreed otherwise.

Article 12 – Long-term Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and that involves the regular delivery of products (including electricity) or services at any time, with due regard to the applicable termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement involving the regular delivery of products or services at the end of the fixed term, with a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

- at any time and not be limited to termination at a specific time or during a specific period;

- at least in the same manner as they were entered into;

- always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement involving the regular delivery of products or services may not be renewed or extended automatically for a fixed period.

Contrary to the previous paragraph, fixed-term agreements for regular delivery of daily or weekly newspapers and magazines may be renewed automatically for a fixed period of up to three months, provided the consumer can terminate the extended agreement at the end of the extension with no more than one month's notice.

A fixed-term agreement involving regular delivery of products or services may only be extended automatically for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month (or three months for agreements involving less than monthly delivery of newspapers and magazines).