General terms and service

Article 1 – Definitions

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

*   Reflection period: The period within which the consumer can exercise their right of withdrawal.
*   Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
*   Day: Calendar day.
*   Long-term transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
*   Durable medium: Any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
*   Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
*   Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
*   Distance contract: A contract 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 contract, exclusive use is made of one or more techniques for distance communication.
*   Technique for distance communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
*   General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without stating reasons. During the cooling-off period, the consumer will handle the product and packaging with care.

If the consumer exercises their right of withdrawal, they will return the product with all accessories supplied and, if possible, in its original condition, in accordance with reasonable instructions provided by the entrepreneur.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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 free of charge electronically or in another way upon request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event 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 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 immediately replaced by a provision that approximates the purport of the original as much as possible in mutual consultation.

Situations that are not regulated in these general terms and conditions must 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 must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity 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 products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.

If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

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

Each offer contains such information that it is clear to the consumer what the rights and obligations. 

Article 5 – The Agreement

Subject to the provisions in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm 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 will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

The visiting address of the establishment of the entrepreneur where the consumer can go with 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 about guarantees and existing service after purchase.

The information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.

The requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuous performance agreement, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive conditions 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 for 30 days.

This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to make use of his right of withdrawal, he is obliged to inform the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message or e-mail.

After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.

If the customer has not made use of his right of withdrawal after the expiry of the periods referred to in paragraphs 2 and 3 and/or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs of returning the products are for the account of the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after revocation. The condition here is that the product has already been received back by the entrepreneur or that conclusive proof of complete return can be submitted.

Article 8 – Exclusion of Right of Withdrawal

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

Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

For loose newspapers and magazines.

For media and video recordings and computer software of which the consumer has broken the seal.

For hygienic products of which the consumer has broken the seal.

Article 9 – The Price