Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 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 a timely manner before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products:
a. that have been produced by the entrepreneur in accordance with the consumer's specifications; b. that are clearly of a personal nature; c. that, by their nature, cannot be returned; d. that can quickly spoil or age; e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no control; f. for loose newspapers and magazines; g. for audio and video recordings and computer software whose seal the consumer has broken. h. for hygienic products whose seal the consumer has broken.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering, or leisure activities to be carried out on a specific date or during a specific period; b. for which the delivery has commenced with the express consent of the consumer before the cooling-off period has expired; c. concerning bets and lotteries.
Article 9 - The price
During the validity period stated 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 may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or b. the consumer has the right to terminate the contract on the day the price increase takes effect.
The prices of products or services mentioned in the offer are inclusive of VAT. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the erroneous price.
Article 10 - Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use 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 enforce against the entrepreneur based on the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their 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 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 or altered the delivered products themselves or had them repaired or altered by third parties; The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging; The defectiveness 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 entrepreneur will exercise the utmost care when receiving orders for products and when assessing requests for the provision of services. The address provided by the consumer to the company shall be considered as the place of delivery. Subject to what is stated about this in paragraph 4 of this article, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation. All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than within 14 days after dissolution. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. It will be clearly and comprehensibly stated upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any 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 pre-designated and made known representative of the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, termination, and renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month. The consumer may terminate an agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services at any time at the end of the agreed period, subject to agreed termination rules and a notice period of up to one month. The consumer may terminate the agreements mentioned in the preceding paragraphs: at any time and shall not be restricted to termination at a specific time or during a specific period; terminate at least in the same manner as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement concluded for a definite period and which aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period. Notwithstanding the previous paragraph, an agreement concluded for a definite period and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month. An agreement concluded for a definite period and which aims at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a duration of less than one year for the regular supply of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end 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 preclude termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 has commenced. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs disclosed to the consumer in advance.
Article 14 - Complaints procedure
The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects. 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 period of 14 days with a message 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 settlement procedure. In case of complaints, a consumer must first turn to the entrepreneur. If complaints cannot be resolved by mutual agreement, the consumer must turn to Stichting WebwinkelKeur (WebwinkelKeur Foundation), which will mediate free of charge. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute resolution committee, which the consumer must pay to the relevant committee. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.