Terms & Conditions
Article 1 - Definitions
In these conditions, the following definitions apply:
Grace period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who concludes a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over a certain period of time;
Durable data carrier: any means that enables the consumer or trader to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to renounce the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, one or more techniques for distance communication are used exclusively until the conclusion of the agreement;
Distance communication technique: means that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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 general terms and conditions can be viewed at the trader's premises and that they will be sent to the consumer free of charge as soon as possible on request.
If, contrary to the previous paragraph, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
If specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to him.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the remainder of the agreement and these terms and conditions shall remain in force and the provision in question shall immediately be replaced by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision.
Situations not provided for in these General Terms and Conditions should be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in the spirit" of these General Terms and Conditions.
Article 3 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is subject to change. The entrepreneur is entitled to change and adapt 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 an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes 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 contract.
The images associated with the products are a true representation of the products offered. The operator cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information from which the consumer can see what rights and obligations are associated with the acceptance of the offer. This applies in particular to
the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service shall apply the special regulation for postal and courier services upon import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal or courier service collects VAT (together with customs clearance fees, if applicable) from the recipient of the goods;
any shipping costs;
the way in which the contract is concluded and what measures are required for this;
whether or not the right of withdrawal is applicable
the method of payment, delivery and performance of the contract;
the period for acceptance of the offer or the period within which the trader guarantees the price;
the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer
how the consumer can check and, if necessary, correct the data provided by him under the contract before concluding it;
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; and
the minimum duration of the distance contract in the case of a fixed-term contract.
Optional: available sizes, colors, and material types.
Article 4 - The agreement
Subject to the provisions of paragraph 3, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the trader 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 trader, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader must take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure internet environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The entrepreneur can - within the legal framework - find out whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this assessment, the entrepreneur has good reasons not to conclude the contract, he is entitled to refuse an order or application or to attach special conditions to its execution, stating reasons.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the trader's establishment to which the consumer can address complaints the conditions and the way in which the consumer can exercise his right of withdrawal or, if applicable, clear information about the exemption from the right of withdrawal;
the information on guarantees and existing after-sales services;
the data referred to in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data prior to the performance of the contract;
the conditions for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Each agreement is concluded subject to the condition precedent of sufficient availability of the products concerned.
Article 5 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
During the cooling-off 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 wishes to keep the product. If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and - as far as reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer should communicate this in the form of a written notification/email. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must provide proof of timely return of the delivered goods, e.g. by means of proof of shipment.
If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the trader after expiry of the periods specified in paragraphs 2 and 3, the purchase is a fact.
Article 6 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of returning the goods shall be borne by him.
If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but at the latest within 14 days of the withdrawal. This is subject to the condition that the goods have already been returned to the trader or that conclusive proof of complete return can be provided.
Article 7 - Exclusion of the right of withdrawal
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer or at least in good time before the contract is concluded.
The exclusion of the right of withdrawal is only possible for products
which have been created by the trader 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 entrepreneur's control;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene articles whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services
on accommodation, transportation, restaurant or leisure activities to be carried out on a specific date or during a specific period;
the supply of which has begun with the express consent of the consumer before the expiry of the withdrawal period;
on betting and lotteries.
Article 8 - The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except in the event 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 over which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has agreed them and:
they result from statutory provisions or regulations; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
The place of supply within the meaning of Article 5(1) of the Value Added Tax Act 1968 is the country in which transportation begins. In the present case, this delivery takes place outside the EU. Subsequently, the postal or courier service collects import VAT or handling charges from the customer. Consequently, the entrepreneur will not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the wrong price.
Article 9 - Conformity and warranty
The trader 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 legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal purposes.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.
Defective or incorrectly delivered products should be reported to the trader in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application 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 modified the delivered products himself or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise neglected or misused.
Article 10 - 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 communicated to the company.
With due observance of the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract free of charge and the right to possible compensation.
In the event of dissolution by the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If the delivery of an ordered product is not possible, the entrepreneur will endeavor to find a replacement product. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of the return shipment shall be borne by the entrepreneur.
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.
Article 11- Term transactions: duration, termination and extension
Termination
The consumer may terminate an open-ended contract that has been concluded for the regular delivery of products (including electricity) 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 a fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed-term in accordance with the applicable termination rules and with a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
terminate at least as they were concluded by him;
always end with the same notice period that the entrepreneur has set for himself.
Extension
A fixed-term contract for the regular supply of goods (including electricity) or the provision of services cannot be tacitly renewed or extended for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.
A fixed-term contract concluded for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month; the notice period may not exceed three months if the contract extends to the regular delivery of daily newspapers, news and weekly magazines less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
For contracts with a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the duty to notify the trader immediately of any inaccuracies in the payment details provided or mentioned.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.
Article 13 - Complaints procedure
Complaints about the implementation of the agreement should be submitted to the entrepreneur within 7 days fully and clearly described after the consumer has found the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days after receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement 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 trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.
Article 14 - Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply shall be governed exclusively by Hong Kong law. Even if the consumer lives abroad.