Termini e condizioni del servizio

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

  • Cooling-off period: the period during which the consumer may exercise their right of withdrawal;

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

  • Day: calendar day;

  • Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

  • Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

  • Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period;

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

  • Distance contract: a contract concluded as part of an organised system for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;

  • Means of distance communication: a tool that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same space.

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

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between entrepreneur and 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, where the general terms and conditions can be viewed and they will be sent free of charge upon request as soon as possible.

If the distance contract is concluded electronically, contrary to 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 can easily store them on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer electronically or in another way free of charge upon request.

In addition to these general terms and conditions, specific product or service conditions may also apply. In case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are null and void or are nullified at any time, the contract and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced in consultation as soon as possible with a provision that approaches the intent of the original as much as possible.

Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The offer

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

The offer is without obligation. The entrepreneur is entitled to change and adapt 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, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot cannot guarantee that the of the displayed colors exactly match the with real colors of the products.

Each offer contains such information that it is.

  • The price including taxes;
  • Any shipping costs;
  • How the agreement will be concluded and which actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the agreement;
  • The tariff for distance communication if the costs of using the communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
  • Whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
  • The way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by them under the agreement;
  • The possible languages in which, besides Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur is subject and how;
  • The minimum duration of the distance in case of a transaction that includes a duration.

Optional: available sizes, colors, types of materials.

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**Article 5 – The agreement**

The agreement is concluded, subject to what is stated in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the 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.

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 secure web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.

The entrepreneur can, within legal frameworks, inform itself whether the consumer can meet its 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 investigation, the entrepreneur has good reasons not to enter into the agreement, it is entitled to refuse an order or request stating reasons or to attach special conditions to the execution.

**Article 6 – Right of withdrawal**

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but cannot obligate them to state their reason(s).

The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided it has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.

- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content that is not supplied on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium for 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but cannot obligate them to state their reason(s).

The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content that is not supplied on a tangible medium:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or has not provided the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period in accordance with the other paragraphs of this article.

If the entrepreneur has provided the information referred to in the previous paragraph within twelve months after the starting date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

**Article 7 – Obligations of the consumer during the cooling-off period**

During the cooling-off 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. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.

The consumer is only liable for the product's depreciation resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.

The consumer is not liable for the product's depreciation if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

**Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof**

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.

The consumer must return the product or hand it over to (an authorized representative of) the entrepreneur as soon as possible but within 14 days from the day following the notification referred to in paragraph 1. This is not necessary if the entrepreneur has offered to collect the product themselves.

The consumer has returned the product in any case before the end of the cooling-off period of 14 days if they return the product before the cooling-off period has expired.

The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the consumer.

The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs themselves, the consumer does not have to bear the costs of returning the product.

If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water, or electricity not ready for sale start in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount proportional to that part of the obligation the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.

The consumer bears no costs for the execution of services or the supply of water, gas, or electricity not ready for sale, which have not been made in a limited volume or quantity, or for the supply of district heating if:

- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the compensation of costs in case of withdrawal, or the model withdrawal form, or;

- the consumer has not explicitly requested the start of the execution of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.

**Article 9 – Obligations of the entrepreneur in case of withdrawal**

If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, they will send a confirmation of receipt immediately after receiving this notification.

The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to pay back until they have received the product or until the consumer demonstrates that they have returned the product, whichever comes first.

The entrepreneur uses the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

**Article 10 – Exclusion of right of withdrawal**

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is

only possible for products:

- that have been created by the entrepreneur in accordance with the consumer's specifications;

- that are clearly personal in nature;

- that cannot be returned due to their nature;

- that can spoil or age quickly;

- the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;

- for single newspapers and magazines;

- for audio and video recordings and computer software of which the consumer has broken the seal.

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

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

- the delivery of which started with the consumer's explicit consent before the cooling-off period has expired;

- regarding betting and lotteries.

Exclusion of the right of withdrawal is only possible for digital content that is not supplied on a tangible medium:

- if the execution has begun with the consumer's explicit prior consent and the acknowledgment that they thereby lose their right of withdrawal.

**Article 11 – The price**

During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for 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 binding to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

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

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

- the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

**Article 12 – Compliance and Warranty**

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 legal provisions existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

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

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any 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 themselves or has them repaired and/or modified by third parties;

- the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the entrepreneur's and/or manufacturer's instructions;

- the inadequacy in whole or in part is the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

**Article 13 – Delivery and Execution**

The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

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

Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at least within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after they have placed the order. In that case, the consumer has the right to terminate the agreement without any costs and is entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.

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

**Article 14 – Duration transactions: duration, cancellation, and extension**

Cancellation:

The consumer can cancel an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of up to one month.

The consumer can cancel an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed cancellation rules and a notice period of up to one month.

The consumer can terminate the agreements mentioned 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 way as they have entered into by them;

- always with the same notice period as the company has stipulated for itself.

Extension:

An agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement concluded for a definite period that extends to the regular delivery of daily newspapers, news and weekly newspapers, and magazines may be extended automatically for a fixed period of up to three months if the consumer can cancel this extended agreement at the end of the extension with a notice period of up to one month.

An agreement concluded for a definite period that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may cancel this extended agreement at any time with a notice period of up to one month. The notice period is up to three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers, and magazines.

An agreement with a limited duration to the regular delivery of trial or introductory versions of daily newspapers, news and weekly newspapers, and magazines (trial or introductory subscription) will not be extended automatically and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 duration.

**Article 15 – Payment**

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period has started, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.

In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in payment details provided or stated to the entrepreneur without delay.

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Article 16 – Complaints procedure**

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has observed the defects.

The 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 reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement.

**Article 17 – Disputes**

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject only to Dutch law.

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