Article 7 – Cancellation Costs
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after receiving the returned goods.
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 is only valid if the entrepreneur clearly stated this in the offer, at the latest before the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products:
that are manufactured by the entrepreneur according to the consumer’s specifications;
that are clearly personal in nature;
that, by their nature, cannot be returned;
that deteriorate or expire rapidly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for audio and video recordings and computer software whose seal has been broken by the consumer;
for hygiene products whose seal has been broken by the consumer.
The exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
whose performance has begun with the explicit consent of the consumer before the withdrawal period has expired;
concerning betting 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.
Notwithstanding 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, at variable prices. This susceptibility to fluctuations and the fact that any listed prices are target prices will be 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 more than 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to them and:
they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The place of delivery is, in accordance with Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the country where the transport begins. In this case, delivery takes place outside the EU. The postal or courier service will then collect the VAT or customs clearance fees from the customer. Therefore, VAT is not charged by the entrepreneur.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of reliability and/or usability, and the legal provisions and/or government regulations in effect at the time the agreement is concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes 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 based on the agreement.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in unused condition.
The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual use by the consumer, nor for any advice given 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 treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
The defect is wholly or partially the result of government regulations regarding the nature or quality of the materials used, whether existing or future.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in accepting and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
In accordance with the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order can only be partially fulfilled, the consumer will be informed within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement free of charge and is entitled to compensation.
In case of cancellation according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after receiving the goods.
If delivery of an ordered product is impossible, the entrepreneur will make efforts to provide a substitute item. At the latest, upon delivery, it will be clearly and understandably communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment will 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 and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Ongoing Contracts: Duration, Termination, and Renewal
Termination
The consumer may terminate a contract entered into for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time with due observance of the agreed notice period, which shall not exceed one month.
The consumer may terminate a contract entered into for a fixed period, which involves the regular delivery of products (including electricity) or services, at any time at the end of the agreed term, subject to a notice period of no more than one month.
In both cases mentioned above, the consumer has the right to:
terminate the agreement at any time without being limited to termination at a specific date or within a specific period;
terminate the agreement in the same manner as it was entered into;
always terminate the agreement with a notice period equal to the notice period that the entrepreneur has set for themselves.
Renewal
A contract entered into for a fixed period that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.
By way of exception, a contract for a fixed period for the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a maximum period of three months, provided that the consumer has the right to terminate this renewed contract at any time with a notice period of no more than one month.
A fixed-term contract for the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer has the right to terminate at any time with a notice period of no more than one month. If the contract involves the occasional delivery of daily, news, and weekly newspapers and magazines (less than once a month), the notice period may not exceed three months.
A fixed-term contract for the introductory or trial delivery of daily, news, and weekly newspapers and magazines (a trial or introductory subscription) shall not be automatically renewed and ends automatically after the trial or introductory period.
Contract Duration
If a contract 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 no more than one month, unless reasonableness and fairness dictate that termination before the end of the agreed term is not acceptable.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days from the start of the withdrawal period referred to in Article 6(1). In case of a service agreement, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment details provided or supplied to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur explicitly states otherwise in writing.
If the entrepreneur deems the complaint justified, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.
Article 15 - Disputes
Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer lives abroad.
Article 16 - Links
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