Terms and Conditions

Article 1 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Withdrawal Period: The period within which the consumer may exercise their right of withdrawal.

Consumer: A natural person who is not acting in the course of a trade, business, craft or profession and who enters into a distance contract with the trader.

Day: Calendar day.

Continuing Contract: A distance contract relating to a series of products and/or services where the delivery and/or purchase obligation extends over a specified period.

Durable Medium: Any medium that enables the consumer or trader to store information addressed personally to them in a way that allows future access and unchanged reproduction of the stored information.

Right of Withdrawal: The consumer's right to withdraw from a distance contract within the withdrawal period.

Trader: The natural or legal person who offers products and/or services to consumers at a distance.

Distance Contract: A contract concluded under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.

Means of Distance Communication: Any means that may be used to conclude a contract without the consumer and trader being physically present at the same time.

Terms and Conditions: These Terms and Conditions of the trader.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within a withdrawal period of 30 days without giving any reason.

During the withdrawal period, the consumer must handle the product and its packaging with due care.

If the consumer exercises their right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition, in accordance with the reasonable return instructions provided by the trader.

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before a distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the contract is concluded that the Terms and Conditions are available for inspection from the trader and will be provided free of charge upon request.

Where the distance contract is concluded electronically, these Terms and Conditions may be made available electronically before the contract is concluded in such a way that the consumer can store them on a durable medium. If this is not reasonably possible, the consumer will be informed before the contract is concluded where the Terms and Conditions can be accessed electronically and that they will be provided electronically or otherwise free of charge upon request.

Where specific product or service conditions apply in addition to these Terms and Conditions, the preceding paragraphs shall apply accordingly. In the event of conflicting provisions, the consumer may rely on the provision that is most favourable to them.

If one or more provisions of these Terms and Conditions are wholly or partially invalid or void, the remainder of the agreement and these Terms and Conditions shall remain in force. The relevant provision shall be replaced as soon as possible by a provision that reflects the purpose and intent of the original provision as closely as legally possible.

Matters not covered by these Terms and Conditions shall be assessed in accordance with the purpose and intent of these Terms and Conditions.

Any uncertainty regarding the interpretation or content of one or more provisions shall likewise be interpreted in accordance with the purpose and intent of these Terms and Conditions.

Article 4 – The Offer

If an offer is subject to a limited period of validity or specific conditions, this will be expressly stated in the offer.

The offer is non-binding. The trader reserves the right to amend or 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.

Where the trader uses images, these will provide a fair representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.

Images and specifications are provided for illustrative purposes and do not automatically entitle the consumer to compensation or cancellation of the contract.

Product images are intended to represent the products as accurately as reasonably possible. However, the trader cannot guarantee that colours displayed on a screen will exactly match the actual colours of the products.

Each offer will contain sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, where applicable:

• any delivery charges;

• how the contract will be concluded and the actions required to conclude it;

• whether or not a right of withdrawal applies;

• the methods of payment, delivery and performance of the contract;

• the period during which the offer may be accepted or the price is guaranteed;

• any charges for distance communication where these differ from the standard basic rate;

• whether the contract will be archived after conclusion and, if so, how the consumer may access it;

• how the consumer can review and, where necessary, correct the information provided before concluding the contract;

• the languages in which the contract may be concluded;

• any codes of conduct to which the trader is subject and how these may be accessed electronically;

• the minimum duration of the contract in the case of a continuing contract;

• where applicable, available sizes, colours and materials.

Article 5 – The Contract

Subject to the provisions of paragraph 4 of this Article, the contract is concluded when the consumer accepts the offer and fulfils the associated conditions.

Where the consumer accepts the offer electronically, the trader will promptly acknowledge receipt of the acceptance electronically.

Where the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure online environment. Where the consumer can pay electronically, appropriate security measures will be implemented.

Within the limits permitted by law, the trader may assess whether the consumer is able to meet their payment obligations and may consider other relevant circumstances necessary for entering into the distance contract responsibly. Where this assessment gives the trader reasonable grounds not to enter into the contract, the trader may refuse an order or request, giving reasons, or may attach special conditions to its fulfilment.

The trader will provide the consumer with the following information in writing or on a durable medium where required:

• the contact details through which the consumer may submit complaints;

• the conditions and procedures for exercising the right of withdrawal, or a clear statement where such right is excluded;

• information regarding warranties and after-sales services;

• the information referred to in Article 4, where this has not already been provided before performance of the contract;

• the conditions for terminating contracts with a duration of more than one year or for an indefinite period.

For continuing contracts, this obligation applies only to the first delivery.

Each contract is entered into subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason.

The withdrawal period begins on the day after the consumer, or a representative designated by the consumer, receives the product.

During the withdrawal period, the consumer must handle the product and its packaging with due care. The consumer may only unpack or handle the product to the extent reasonably necessary to establish its nature, characteristics and functioning.

If the consumer exercises their right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the clear return instructions provided by the trader.

The consumer must notify the trader of their decision to exercise the right of withdrawal within 30 days of receiving the product. This notification must be made in writing or by email.

After notifying the trader of the withdrawal, the consumer must return the product within 30 days. The consumer must be able to provide evidence that the product was dispatched within this period, for example by providing proof of postage.

If the consumer does not notify the trader of the withdrawal or return the product within the applicable periods, the purchase will become final, subject to the consumer's statutory rights.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the consumer is responsible for the direct cost of returning the products.

Where the consumer has made a payment, the trader will reimburse the amount due without undue delay and within the applicable statutory period following withdrawal.

The trader may withhold reimbursement until the returned product has been received or the consumer has provided sufficient evidence that the goods have been returned, whichever occurs first.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer's right of withdrawal for certain products where permitted by applicable law. Any applicable exclusion will be clearly communicated in the offer or before the contract is concluded.

The right of withdrawal may be excluded for products:

• made to the consumer's specifications;

• that are clearly personalised;

• that are liable to deteriorate or expire rapidly;

• whose price depends on fluctuations in the financial market that cannot be controlled by the trader;

• individual newspapers, periodicals or magazines;

• sealed audio or video recordings or sealed computer software where the seal has been broken after delivery;

• sealed goods that are not suitable for return due to health protection or hygiene reasons where the seal has been broken after delivery.

Article 9 – Prices

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased except where changes result from changes in VAT rates or other applicable taxes.

Notwithstanding the above, the trader may offer products or services at variable prices where those prices are subject to fluctuations in financial markets beyond the trader's control. Where applicable, the offer will state that prices may fluctuate and that any stated prices may be indicative.

Price increases after the contract has been concluded are only permitted where allowed by applicable law.

All prices are subject to obvious typographical, printing or technical errors. The trader shall not be obliged to supply a product at an incorrect price where the pricing error is obvious and could reasonably have been recognised as an error.

Article 10 – Conformity and Warranty

The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and fitness for purpose, and the applicable laws and regulations in force at the time the contract is concluded.

Where expressly agreed, the trader also warrants that the product is suitable for a particular purpose other than its normal use.

Any additional warranty provided by the trader, manufacturer or importer does not affect the consumer's statutory rights and remedies against the trader.

Consumers should notify the trader of defective or incorrectly supplied products as soon as reasonably possible after discovering the issue.

Where a return is required, the consumer should follow the return instructions provided by the trader.

The duration and scope of any commercial warranty will be as expressly communicated with the relevant product. Nothing in these Terms and Conditions limits the consumer's statutory rights in relation to faulty or non-conforming goods.

Any additional commercial warranty may not apply where:

• the consumer has repaired or modified the delivered products themselves or had them repaired or modified by a third party without authorisation;

• the products have been exposed to abnormal conditions, treated improperly or used contrary to reasonable instructions supplied with the products;

• the defect is wholly or partly caused by legal or regulatory requirements concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will exercise reasonable care when receiving and fulfilling orders for products.

Subject to the provisions of Article 4 of these Terms and Conditions, accepted orders will be fulfilled with reasonable speed and within the delivery period communicated to the consumer, subject to circumstances outside the trader's reasonable control.

If delivery is delayed or an order cannot be fulfilled, or can only be fulfilled partially, the consumer will be informed accordingly.

Where the trader is unable to fulfil the contract within the applicable legally required period, the consumer will have the rights available to them under applicable consumer law.

If the contract is cancelled in circumstances that require reimbursement, the trader will reimburse the amounts due in accordance with applicable law.

If delivery of an ordered product becomes impossible, the trader may offer the consumer a replacement or alternative product. Any replacement will only be supplied where permitted by law and, where required, with the consumer's agreement.

The consumer's statutory right of withdrawal cannot be excluded merely because a replacement product has been supplied.

The risk of loss or damage to the products remains with the trader until the products are delivered into the physical possession of the consumer or a person identified by the consumer to take possession of the goods, except where applicable law provides otherwise.

Article 12 – Continuing Contracts: Duration, Termination and Renewal

Termination

The consumer may terminate a contract of indefinite duration relating to the regular supply of products or services in accordance with the termination conditions agreed in the contract and applicable law.

A fixed-term contract for the regular supply of products or services may be terminated at the end of the agreed term in accordance with the agreed termination conditions and applicable law.

Where applicable, the consumer must be able to terminate such contracts using a reasonable method, including a method comparable to that used to enter into the contract.

Renewal

Fixed-term contracts for the regular supply of products or services will only be automatically renewed where this is permitted by applicable law and where the applicable renewal conditions have been clearly communicated to the consumer.

Where a contract is renewed for an indefinite period, the consumer will retain any termination rights provided by applicable law.

Duration

Where applicable, the duration and termination rights relating to continuing contracts will be clearly communicated to the consumer before the contract is concluded.

Article 13 – Payment

Unless otherwise agreed, the consumer must pay the amounts due using one of the payment methods made available during checkout and in accordance with the payment terms communicated when the order is placed.

The consumer is responsible for promptly informing the trader of any inaccuracies in payment details provided or communicated.

If the consumer fails to make a payment when due, the trader may, subject to applicable legal restrictions, charge reasonable costs that have been properly communicated and are permitted by law.

Article 14 – Complaints Procedure

Complaints concerning the performance of the contract should be submitted to the trader within a reasonable period after the consumer discovers the issue and should contain a complete and clear description of the complaint.

Complaints received will be handled within a reasonable period. Where additional time is required to investigate a complaint, the consumer will be informed accordingly.

If a complaint cannot be resolved by mutual agreement, a dispute may arise that will be dealt with in accordance with applicable dispute-resolution procedures and law.

Submitting a complaint does not automatically suspend the consumer's obligations under the contract unless the trader confirms otherwise in writing or applicable law requires otherwise.

Where a complaint is found to be justified, the trader will provide an appropriate remedy in accordance with applicable consumer law.

Article 15 – Governing Law

These Terms and Conditions and contracts between the trader and consumer are governed by Dutch law.

Where the consumer resides in another country, this choice of law does not deprive the consumer of any mandatory consumer protection rights available to them under the laws of the country in which they habitually reside.