Terms And Conditions

Article 1 - Definitions




For the purposes of these general terms and conditions, the following definitions shall apply




'cooling-off period' means the period during which the consumer may exercise his right of withdrawal;




'consumer' means the natural person who is not acting in the exercise of a profession or business activity and who concludes a distance contract with the trader;




'day' means a calendar day




'Distance transaction' means a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;




'durable medium' means any instrument which enables the consumer or the trader to store information addressed personally to him in a way accessible for future reference and unchanged reproduction of the information stored.




Right of withdrawal: possibility for the consumer to withdraw from the distance contract within the withdrawal period;




Do I have to pay for my return shipment?
Yes, all customers are responsible for the cost of the return shipment. The cost can vary depending on your location between €15 and €28. We recommend that you send your return with a Track & Trace as we cannot take responsibility for lost returns.
All returns must be sent with a Track & Trace. The sender is responsible for the return and must ensure that the shipment is delivered to us in undamaged condition. Returns must be sent to our fulfilment centre in Asia. Return costs can therefore be high.




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




Distance contract: a contract under which, in the context of a system organised by the entrepreneur for the distance selling of products and/or services, until the conclusion of the contract, exclusive use is made of one or more means of distance communication;




'means of distance communication': means that can be used to conclude a contract without the consumer and the entrepreneur being in the same room at the same time.




General conditions: the current general conditions of the entrepreneur.




Article 2 - Identity of the entrepreneur




CHAMBER OF COMMERCE: ON REQUEST




VAT: ON REQUEST




Article 3 - Applicability




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




Before the conclusion of the distance contract, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the conclusion of the distance contract, it will be indicated that the general conditions can be inspected at the premises of the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.




If the distance contract is concluded electronically, contrary to the previous paragraph and before the conclusion of the distance contract, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated, before the conclusion of the distance contract, where the general conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.




Where specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always rely on the applicable provision which is most favourable to him.




If at any time one or more provisions of these general terms and conditions are wholly or partly invalid or have ceased to be valid, the contract and these terms and conditions shall otherwise continue to apply and the provision in question shall be replaced without delay by mutual agreement by a provision which corresponds as closely as possible to the meaning of the original provision.




Situations not regulated in these General Conditions shall be assessed "in the spirit" of these General Conditions.




Any ambiguity in the interpretation or content of one or more provisions of our general terms and conditions shall be interpreted "in accordance with 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 without obligation. The entrepreneur has the right to change 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 the consumer to make a correct assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and / or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.




All images, specifications and data in the offer are indicative and cannot be a reason for compensation or cancellation of the agreement.




Pictures of products are a true representation of the products offered. The operator cannot guarantee that the colours shown exactly match the actual colours of the products.




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 applies in particular:




The price, excluding customs clearance costs and import VAT. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special regulation for postal and courier services with regard to imports. This regime applies if the goods are imported into the country of destination within the EU, which is the case in the present instance. The postal and/or courier service collects the VAT (whether or not it is collected together with the customs clearance fees) from the recipient of the goods;




any handling costs;




The manner in which the contract will be concluded and the steps required for this purpose;




whether or not the right of withdrawal is applicable




the method of payment, delivery and fulfilment of the contract;




The deadline for accepting the offer or the period within which the trader guarantees the price;




The level of the distance communication fee if the costs of using the distance communication technology are calculated on a different basis than the usual basic fee for the means of communication used;




whether the contract is archived after it has been concluded and, if so, how the consumer can access it




the means by which the consumer may, prior to the conclusion of the contract, verify and, if desired, correct the information provided by him under the contract;




Any languages other than Dutch in which the contract can be concluded;




the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically




The minimum duration of the distance contract in case of a longer transaction.




Optional: available sizes, colours, type of material.




Article 5 - The contract




Subject to the provisions of paragraph 4, the contract comes into force when the consumer accepts the offer and fulfils the conditions set out in it.




If the consumer has accepted the offer by electronic means, the trader will immediately acknowledge receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.




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




The entrepreneur can - within the legal framework - inform himself whether the consumer can fulfil his payment obligations, as well as all the 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 conclude the contract, he is entitled to refuse an order or application or to attach special conditions for its execution, while giving reasons.




The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:




the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or, where applicable, clear information about being exempted from the right of withdrawal;
information on guarantees and existing after-sales services;
the information contained in Article 4(3) of these terms and conditions, unless the trader has already provided the consumer with this information prior to the performance of the contract;
the requirements for cancelling the contract if the contract has a duration of more than one year or is indefinite.
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.




Each contract is concluded under suspensive conditions of sufficient availability of the relevant products.




Article 6 - Right of withdrawal




When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons during a period of 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative previously appointed by the consumer and made known to the entrepreneur.




During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered 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 wants to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer should notify this by a written message/email. After the consumer has announced that he wants to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, e.g. by means of a proof of dispatch.




If the customer has not expressed his desire to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.




Article 7 - Costs in case of withdrawal




If the consumer makes use of his right of withdrawal, the costs of returning the products shall be borne by the consumer.




If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the cancellation. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be presented.




Article 8 - Exclusion of the right of withdrawal




The entrepreneur can exclude the consumer's right of withdrawal for products described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before the conclusion of the contract.




Exclusion of the right of withdrawal is only possible for products that were




which were created by the entrepreneur according to the consumer's specifications;
which are clearly personal in nature
which cannot be returned due to their nature;
which spoil or age quickly;
whose price is subject to fluctuations in the financial market that are beyond the control of the entrepreneur;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal.
for hygiene products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services relating to




relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
whose delivery started with the consumer's explicit consent before the end of the withdrawal period;
betting and lotteries.
Article 9 - Price




During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.




Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market that are beyond the control of the entrepreneur, with variable prices. This link to fluctuations and the fact that all prices mentioned are target prices will be mentioned in the offer.




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




Price increases from 3 months after the conclusion of the contract are only allowed if the contractor has determined it and:




they are the result of statutory rules or regulations; or
the consumer has the right to terminate the contract on the day the price increase takes effect.
According to Article 5(1) of the 1968 Sales Tax Act, the supply takes place in the country where the transport starts. After this, the postal or courier company will charge the customer import VAT or customs duties. Consequently, no VAT will be charged by the contractor.




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




Article 10 - Conformity and guarantee




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




A guarantee provided by the trader, manufacturer or importer is without prejudice to the legal rights and claims that the consumer may assert against the trader on the basis of the contract.




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




The warranty period of the contractor corresponds to the warranty period of the factory. However, the contractor is never responsible for the ultimate suitability of the products for each individual application by the consumer, or for advice regarding the use or application of the products.




The warranty does not apply if:




The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;




The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the contractor and/or on the packaging;




The defect is wholly or partly the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.




Article 11 - Delivery and implementation




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




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




With due regard for what is stated in article 4 of these general conditions, the company will execute accepted orders promptly but at the latest within 30 days, unless the consumer has agreed on a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer must be informed of this within 30 days of placing the order. In this case, the consumer is entitled to cancel the contract free of charge and to claim any damages.




In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after the cancellation.




If delivery of an ordered product proves to be impossible, the entrepreneur will make an attempt to provide a replacement item. At the latest at the time of delivery, it will be clearly and comprehensibly indicated that a replacement article is being delivered. With replacement articles, the right of cancellation cannot be excluded. The costs of any return shipping shall be borne by the contractor.




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




Article 12 - Duration transactions: duration, cancellation and extension




Cancellation




The consumer may at any time terminate an open-ended contract concluded for the regular supply of products (including electricity) or services, subject to the agreed cancellation rules and a maximum notice period of one month.




The consumer may terminate a fixed-term contract concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term period, subject to the agreed termination rules and a notice period not exceeding one month.




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




be cancelled at any time and not be limited to cancellation at a specific time or during a specific period;




at least terminate them in the same way as they were concluded by him;




always terminate with the same notice period that the contractor has set for himself.




Extension




A fixed-term contract concluded for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.




Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers and periodicals may be tacitly renewed for a fixed period not exceeding three months, if the consumer can terminate the renewed contract at the end of the renewal with a notice period not exceeding one month.




A fixed-term contract concluded for the regular supply of goods or services may only be renewed by tacit consent for an indefinite period if the consumer may terminate it at any time by giving a notice period not exceeding one month and a notice period not exceeding three months if the contract is for the regular supply of daily or weekly newspapers and periodicals, but less than once a month.




A fixed-term contract for the regular delivery of daily or weekly newspapers and periodicals by introduction (trial or introductory subscription) does not continue silently and terminates automatically at the end of the trial or introductory period.




Duration




If a contract lasts longer than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the contractual term.




Article 13 - Payment




Unless otherwise agreed, the amounts owed by the consumer shall be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of a contract for the provision of a service, this period starts after the consumer has received the confirmation of the contract.




The consumer has the obligation to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.




If the consumer does not pay, the entrepreneur is entitled, subject to legal restrictions, to charge the reasonable costs notified in advance to the consumer.




Article 14 - Complaints procedure




Complaints about the execution of the agreement should be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the shortcomings.




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 respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.




If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.




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




If a complaint is considered valid by the entrepreneur, the entrepreneur will, at his own discretion, either replace or repair the delivered products free of charge.




Article 15 - Disputes




On agreements between the entrepreneur and the consumer to which these general conditions apply, only Dutch law applies. Even if the consumer is resident abroad.