Terms and Conditions

GENERAL TERMS AND CONDITIONS

TABLE OF CONTENTS:

  • Article 1 – Definitions

  • Article 2 – Identity of the Entrepreneur

  • Article 3 – Applicability

  • Article 4 – The Offer

  • Article 5 – The Agreement

  • Article 6 – Right of Withdrawal

  • Article 7 – Costs in Case of Withdrawal

  • Article 8 – Exclusion of the Right of Withdrawal

  • Article 9 – The Price

  • Article 10 – Conformity and Warranty

  • Article 11 – Delivery and Execution

  • Article 12 – Long-term Transactions: Duration, Termination and Renewal

  • Article 13 – Payment

  • Article 14 – Complaints Procedure

  • Article 15 – Disputes

  • Article 16 – Additional or Deviating Provisions

ARTICLE 1 – DEFINITIONS

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

  • Supplementary Agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;

  • 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 exercise of a profession, trade or craft and enters into an agreement with the entrepreneur;

  • Day: calendar day;

  • Digital Content: data produced and delivered in digital form;

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

  • Durable Data Carrier: any tool that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information, including e-mail;

  • Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

  • Model Withdrawal Form: the form provided by the entrepreneur that the consumer can use to exercise their right of withdrawal;

  • Entrepreneur: the natural or legal person offering products and/or (access to) digital content and/or services to consumers at a distance;

  • Distance Contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services, where, up to and including the moment the contract is concluded, only one or more means of distance communication is used;

  • Means of Distance Communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;

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

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

ARTICLE 3 – APPLICABILITY

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and every order placed between the entrepreneur and the consumer.

  2. Before a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge upon request.

  3. 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, the entrepreneur will indicate where the terms can be viewed electronically and that they will be sent free of charge upon request.

  4. If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply accordingly, and the consumer may always invoke the most favorable applicable provision in the event of conflicting terms.

  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement shall remain in force, and the void or annulled provision shall be replaced promptly by mutual agreement with a valid provision that closely approximates the intent of the original provision.

  6. Situations not regulated in these general terms and conditions should be assessed in accordance with these general terms and conditions.

  7. Ambiguities about the interpretation or content of one or more provisions of these conditions should be interpreted in line with these general terms and conditions.

ARTICLE 4 – THE OFFER

  1. If an offer has a limited validity period or is made under conditions with a suspensive or resolutive clause, or any other condition, this will be explicitly stated in the offer.

  2. The entrepreneur’s offer is non-binding. The entrepreneur is entitled to modify or adjust the offer.

  3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper assessment by the consumer. If the entrepreneur uses images that imply a visual representation of the products, these shall be a truthful depiction. Obvious mistakes or errors in the offer do not bind the entrepreneur.

  4. Product images are truthful representations, but the entrepreneur cannot guarantee exact color matching due to variations in display settings.

  5. Each offer includes sufficient information to clarify the consumer’s rights and obligations upon acceptance. This includes, but is not limited to:

    • The price including taxes;

    • Any applicable shipping costs;

    • The manner in which the agreement will be concluded and what actions are required;

    • Whether or not a withdrawal right applies;

    • The method of payment, delivery, and performance;

    • The duration of the distance contract, if applicable;

    • Whether the agreement will be archived and how it can be accessed by the consumer;

    • The cost of remote communication if charged differently from the base rate.

ARTICLE 5 – THE AGREEMENT

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the associated conditions.

  2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. Until receipt is confirmed, the consumer may cancel the agreement.

  3. If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take adequate security measures.

  4. The entrepreneur may, within legal boundaries, assess whether the consumer can meet their payment obligations and check other facts relevant to a responsible distance agreement. If the entrepreneur has good reason not to enter into the contract, they are entitled to refuse or attach special conditions to the order.

  5. The entrepreneur shall provide the following information to the consumer in writing or in a durable format at the latest upon delivery:

    • The business address for complaints;

    • Conditions and process for exercising the right of withdrawal, or a clear notice if it is excluded;

    • Information on warranties and after-sales service;

    • Price (including taxes), delivery charges (if any), and method of payment, delivery, or performance;

    • Termination requirements if the contract is of more than one year or indefinite duration;

    • The model withdrawal form, if applicable.

  6. In the case of a long-term transaction, only the first delivery requires the inclusion of the information mentioned in paragraph 5.

ARTICLE 6 – RIGHT OF WITHDRAWAL

For delivery of products:

  1. The consumer has the right to withdraw from the contract within 14 days without stating reasons.

  2. This withdrawal period begins on the day the consumer or a designated third party receives the product.

  3. The intermediary's warranty period equals the manufacturer’s warranty period. However, the intermediary is never responsible for the suitability of the products for a specific application or for any advice regarding usage.

In the case of a warranty claim, the intermediary will choose to repair or replace the item. In case of replacement, the buyer must return the replaced item.

The warranty does not apply if:

  • The buyer has attempted to repair or modify the products themselves or via a third party;

  • The products were exposed to abnormal conditions or handled carelessly or against the intermediary's instructions or packaging;

  • The defect is wholly or partly caused by government regulations concerning the materials used;

  • Hygiene products cannot be returned or refunded. These include (but are not limited to): underwear, swimwear, makeup, hairstyling products, beauty products, etc.

If:

  1. The consumer ordered multiple products in one order, the withdrawal period starts on the day the last product is received;

  2. The delivery consists of several shipments or parts, the withdrawal period starts on the day of the last shipment;

  3. The agreement is for periodic delivery, the withdrawal period starts on the day of the first delivery.

For services and digital content not supplied on a physical medium:

  1. The consumer may withdraw from such contracts within 14 days from the day following the agreement date.

Extended withdrawal period if not informed:

  1. If the entrepreneur fails to inform the consumer about the right of withdrawal or the model form, the withdrawal period expires 12 months after the original period ends.

  2. If the entrepreneur provides the information within these 12 months, the consumer has 14 days from the day they receive it.

  3. During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be unpacked or used as needed to evaluate it. If withdrawn, the consumer must return the product with all accessories and in original condition, if reasonably possible.

  4. To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receipt using the model form. The consumer then has 14 days to return the product. Proof of return, such as shipping confirmation, is required.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

  1. If the consumer exercises the right of withdrawal, they bear the cost of returning the product.

  2. The entrepreneur shall refund the full purchase amount, including any delivery charges, as soon as possible and no later than 14 days after withdrawal, using the same payment method used by the consumer. This is subject to receipt of the returned product or proof of return.

  3. Any reduction in value due to improper handling is at the consumer’s expense unless the entrepreneur failed to provide the required information about the right of withdrawal before the sale.

 

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, or at least before concluding the contract, and if it concerns one of the products listed in paragraphs 2 and 3.

  2. Exclusion is only possible for the following products:

    • That have been created by the entrepreneur according to the consumer’s specifications;

    • That are clearly personal in nature;

    • That can spoil or age quickly;

    • Whose price is subject to fluctuations on the financial market that the entrepreneur cannot influence;

    • Single newspapers and magazines;

    • Audio or video recordings and computer software whose seal has been broken by the consumer;

    • Hygienic products whose seal has been broken by the consumer. Hygiene products cannot be returned or refunded.
      A list of hygiene products that cannot be returned or refunded (non-exhaustive): underwear, bikini, make-up, hairstyling products, beauty products, etc.

  3. Exclusion is also possible for the following services:

    • Relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;

    • Whose performance has begun with the express consent of the consumer before the withdrawal period has expired;

    • Concerning betting and lotteries.

ARTICLE 9 – PRICE

  1. 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.

  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that the entrepreneur cannot influence, with variable prices. The offer will state this susceptibility to fluctuations and the fact that the mentioned prices are target prices.

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

  4. Price increases from 3 months after the conclusion of the agreement are only permitted if:

    1. they are the result of legal regulations or provisions; or

    2. the consumer has the right to terminate the agreement effective from the date the price increase takes effect.

  5. Prices mentioned in the offer of products or services are inclusive of VAT.

  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

  7. Special additional customs clearance charges and/or import duties are not included in the price and are the customer’s responsibility.

ARTICLE 10 – WARRANTY AND CONFORMITY

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for use other than normal use.

  2. Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims the consumer may assert against the entrepreneur under the contract. This includes any commitment by the entrepreneur, supplier, importer or manufacturer granting the consumer additional rights or claims beyond what the law requires in case of non-performance of the agreement.

  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

  4. The warranty does not apply if:

    • The consumer has repaired and/or altered the delivered products themselves or had this done by third parties;

    • The delivered products have been exposed to abnormal conditions or handled carelessly or contrary to the entrepreneur’s instructions or those on the packaging;

    • The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

  5. Hygiene products cannot be returned or refunded. A list of hygiene products that cannot be returned or refunded (non-exhaustive): underwear, bikini, make-up, hairstyling products, beauty products, etc.

ARTICLE 11 – DELIVERY AND PERFORMANCE

  1. The entrepreneur will take the utmost care when receiving and executing product orders and when assessing service requests.

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

  3. Taking into account the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.

  4. All delivery terms are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a delivery period does not entitle the consumer to compensation.

  5. 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 14 days after dissolution.

  6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to offer a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement product is being delivered. For replacement products, the right of withdrawal cannot be excluded. Any return shipping costs are borne by the entrepreneur.

  7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and notified representative, unless explicitly agreed otherwise.

ARTICLE 12 – LONG-TERM TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination:

  1. The consumer may terminate an agreement for an indefinite period, aimed at the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.

  2. The consumer may terminate a fixed-term agreement, aimed at the regular delivery of products (including electricity) or services, at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

  3. The consumer can:

    • Terminate agreements mentioned above at any time and not be limited to termination at a specific time or during a specific period;

    • At least terminate in the same way they entered into them;

    • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

  1. A fixed-term agreement for the regular delivery of products or services may not be automatically extended or renewed for a fixed period.

  2. Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers or magazines may be automatically extended for a fixed term of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

  3. A fixed-term agreement for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and a notice period of up to three months if the agreement is for regular but less than monthly delivery of daily, news, and weekly newspapers or magazines.

  4. A limited-duration agreement for the regular delivery of daily, news, and weekly newspapers or magazines (trial or introductory subscriptions) will not be automatically continued and ends automatically after the trial or introductory period.

Duration:

  1. If an agreement lasts 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 oppose termination before the agreed duration ends.

ARTICLE 13 – PAYMENT

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period as referred to in Article 6(1). For service contracts, this period starts after the consumer receives the confirmation of the agreement.

  2. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

  3. In case of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

  4. The consumer can make payments using the following methods:
    iDeal, Bancontact, Klarna, KBC/CBC, Belfius Direct Net, and Credit Card (AMEX, Mastercard, Maestro, and Visa).

ARTICLE 14 – COMPLAINTS PROCEDURE

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

  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

  3. Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a longer processing time, the entrepreneur will send an acknowledgment within 14 days and indicate when the consumer can expect a more detailed response.

  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.

ARTICLE 15 – DISPUTES

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

ARTICLE 16 – ADDITIONAL OR DEVIATING PROVISIONS

Additional or deviating provisions from these general terms and conditions