Algemene Voorwaarden
General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: 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 option for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance.
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.
Article 2 - Identity
Registration: KZBIZ
3e Kekerstraat
1104VC Amsterdam
Article 3 - Applicability
These general terms and conditions apply to every offer from 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 entrepreneur's premises and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then 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 data carrier. 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 electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in effect, and the provision in question will be replaced by mutual agreement without delay by a provision that approximates the purpose of the original as closely as possible.
Situations not regulated by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our general 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 period or is made 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 allow 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. Apparent mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors 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 concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal is applicable;
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 for using the technology for distance communication are calculated on a basis other than the regular base rate for the used communication technique;
whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the information provided by them under the agreement before concluding the agreement;
any other languages in which the agreement can be concluded;
the codes of conduct to which the entrepreneur 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 case of a continuous performance transaction.
Optional: available sizes, colors, types of materials.
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 will immediately confirm receipt of the acceptance of the offer electronically. As long as this receipt of acceptance has not been confirmed by the entrepreneur, the consumer may 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information, in writing or in such a way that the consumer can store it accessibly on a durable medium, along with the product or service:
- the visiting address of the entrepreneur's business establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information on guarantees and existing after-sales service;
- the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements 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 agreement, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days after receipt if the products are in their original state with the labels unsealed. This cooling-off period starts the day after the consumer, or a pre-designated representative known to the entrepreneur, receives the product.
If the consumer uses their right of withdrawal, they will return the product in its original packaging with labels unsealed to the entrepreneur, following 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 14 days after receipt of the product. The consumer must notify the entrepreneur through a written message or email. After the consumer has expressed their wish to use the right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for instance by means of proof of shipment.
If the consumer has not expressed their intention to use the right of withdrawal after the periods referred to in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in Case of Withdrawal
If the consumer uses their right of withdrawal, the consumer is responsible for the cost to return the product.
As soon as the consumer has returned the product, the entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after the withdrawal. However, the condition is that the product has already been received by the entrepreneur or that conclusive proof of complete return can be provided.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products described in paragraphs 1 to 8. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer's specifications;
- that are clearly personal in nature;
- that by their nature cannot be returned;
- that spoil or age quickly;
- whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal;
- for hygienic products.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has begun with the consumer's explicit consent before the cooling-off period has expired;
- concerning betting and lotteries.
Article 9 - The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependency on fluctuations and the fact that any stated prices are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after 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 is authorized to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - 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 existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer's warranty period. 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 warranty does not apply if:
- the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
- the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the packaging;
- the inadequacy is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The company will exercise the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with competent speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will strive to provide a replacement item. The delivery of a replacement item will be clearly and understandably notified at the latest at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are 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 pre-designated representative made known to the entrepreneur unless explicitly agreed otherwise.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period referred to in article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in payment data provided or stated to the entrepreneur without delay.
In case of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the reasonable costs made known to the consumer in advance.
Article 13 - Complaints
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates in writing otherwise.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.
Article 14 - Disputes
For agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only the law of the Netherlands shall apply, even if the consumer resides abroad.