General Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: a natural person who is not acting for purposes relating to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products and/or services, 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: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
[COMPANY NAME]
[STREET NAME] [HOUSE NUMBER], [POSTAL CODE] [CITY]
Email address: [EMAIL ADDRESS]
Chamber of Commerce (KvK) number: [KvK NUMBER]
VAT identification number: [VAT NUMBER]
Article 3 – 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 prior to the conclusion of the distance contract that the General Terms and Conditions can be consulted 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 may, contrary to the previous paragraph, be made available electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the provision that is most favorable to them in the event of conflicting conditions.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or annulled, the agreement and the remaining provisions shall remain in force, and the invalid provision shall be replaced without delay by a provision that most closely reflects the original intent.
Situations not covered by these General Terms and Conditions shall be assessed in accordance with the spirit of these General Terms and Conditions. Any ambiguities in interpretation shall be interpreted in accordance with the spirit of these General Terms and Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated. All offers are non-binding. The entrepreneur reserves the right to modify or withdraw offers.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment by the consumer. Images used are a true representation of the products and/or services. Obvious mistakes or errors do not bind the entrepreneur.
All images, specifications, and data are indicative and cannot give rise to compensation or termination of the contract. The entrepreneur cannot guarantee that displayed colors exactly match the actual product colors.
Each offer contains information that clearly indicates the rights and obligations associated with acceptance, including in particular:
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the price including taxes;
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any shipping costs;
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the manner in which the contract is concluded;
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whether the right of withdrawal applies;
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the method of payment, delivery, and execution;
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the period for accepting the offer or price guarantee;
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applicable communication costs;
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whether the contract will be archived and how it can be accessed;
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how the consumer may review and correct entered data;
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available contract languages;
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applicable codes of conduct;
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the minimum duration of the contract in the case of ongoing transactions.
Optional: available sizes, colors, and materials.
Article 5 – The Contract
The contract is concluded at the moment the consumer accepts the offer and meets the stated conditions.
If acceptance is electronic, the entrepreneur will immediately confirm receipt electronically. Until confirmation is received, the consumer may withdraw from the contract.
The entrepreneur will take appropriate technical and organizational measures to secure electronic data transfer and ensure a safe online environment. Secure payment methods are applied where applicable.
The entrepreneur may verify the consumer’s ability to meet payment obligations. If justified, the entrepreneur may refuse an order or impose special conditions.
Upon delivery, the consumer will receive the following information in writing or on a durable data carrier:
a. the entrepreneur’s contact address;
b. information on the right of withdrawal or its exclusion;
c. warranty and after-sales service details;
d. information referred to in Article 4(3);
e. termination conditions for long-term contracts.
For ongoing transactions, this applies only to the first delivery.
All contracts are concluded subject to product availability.
Article 6 – Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days without giving any reason. The period starts the day after receipt of the product.
During the cooling-off period, the consumer must handle the product and packaging with care and only use it to assess suitability.
If withdrawal is exercised, the product must be returned with all accessories, preferably in original condition and packaging, according to the entrepreneur’s instructions.
Withdrawal must be communicated within 14 days by written or electronic notice. The product must be returned within 14 days thereafter, with proof of return.
Failure to comply results in the purchase becoming final.
Article 7 – Costs in Case of Withdrawal
The consumer bears the cost of returning the product.
Refunds will be processed within 14 days after withdrawal, provided the product has been received or proof of return is supplied.
Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for products:
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made to the consumer’s specifications;
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of a personal nature;
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that cannot be returned;
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that deteriorate quickly;
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subject to market price fluctuations;
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newspapers and magazines;
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unsealed audio/video recordings or software;
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unsealed hygiene products.
For services relating to accommodation, transport, leisure, bets, lotteries, or services started with consumer consent before the cooling-off period ends, the right of withdrawal may also be excluded.
Article 9 – Price
Prices will not increase during the stated validity period, except due to VAT changes.
Variable pricing linked to financial markets will be clearly indicated.
Price increases within 3 months are permitted only if legally required. After 3 months, increases are allowed only if the consumer may terminate the contract.
Prices include VAT. Typographical errors are not binding.
Article 10 – Conformity and Warranty
Products and services comply with the agreement, specifications, and legal requirements.
Any warranty does not affect statutory consumer rights. Defects must be reported within 14 days of delivery.
Warranty does not apply if damage results from misuse, modifications, or external factors.
Article 11 – Delivery and Execution
Orders will be executed with due care and delivered within 30 days, unless otherwise agreed.
If delivery is delayed or incomplete, the consumer will be informed and may terminate the contract without cost.
Risk transfers to the consumer upon delivery.
Article 12 – Ongoing Contracts
Consumers may terminate indefinite contracts at any time with a notice period of no more than one month.
Fixed-term contracts may not be automatically renewed unless permitted by law and with clear termination rights.
Article 13 – Payment
Payments must be made within 7 business days, unless otherwise agreed.
The consumer must report incorrect payment details immediately. Late payments may incur reasonable costs.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days of discovery and will be handled within 14 days.
If unresolved, disputes may be subject to dispute resolution procedures.
Article 15 – Disputes
All agreements are governed exclusively by Dutch law, even if the consumer resides abroad.