General Terms and Conditions

Supplementary agreement: an agreement where the consumer acquires products, digital content, and/or services related to a distance contract, and these items, 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.

Reflection period: the period during which the consumer may exercise their right of withdrawal.

Consumer: a natural person who does not act for purposes related to their trade, business, craft, or professional activity.

Day: calendar day.

Digital content: data produced and delivered in digital form.

Ongoing contract: a contract for the regular delivery of goods, services, and/or digital content over a specific period.

Durable medium: any tool—including email—that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and that permits unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period.

Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers at a distance.

Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content, and/or services, whereby exclusive or joint use is made of one or more means of distance communication up to and including the conclusion of the contract.

Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be provided if the consumer does not have a right of withdrawal regarding their order.

These general terms and conditions apply to every offer made by the entrepreneur and every distance contract concluded 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, the entrepreneur will indicate how the terms and conditions can be viewed and that they will be sent free of charge upon the consumer's request before the distance contract is concluded.

If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of exception to the previous clause, be provided to the consumer electronically in such a way that the consumer can store them on a durable medium for future reference. If this is not reasonably possible, the entrepreneur will indicate how the terms and conditions can be accessed electronically and that they will be sent free of charge upon request in either electronic or other formats.

In cases where specific product or service conditions also apply in addition to these general terms and conditions, the provisions of paragraphs 2 and 3 apply accordingly. In the event of conflicting terms, the consumer may rely on the provision that is most favorable to them.

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

The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is detailed enough to allow the consumer to assess the offer properly. If the entrepreneur uses images, they must be truthful representations of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

Every offer includes information that makes it clear to the consumer what their rights and obligations are if they accept the offer.

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

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, gather information about the consumer's ability to fulfill payment obligations and other facts that are important for responsibly entering into a distance contract. If the entrepreneur has valid reasons not to conclude the agreement based on this investigation, they are entitled to reject an order or attach special conditions to its execution.

The entrepreneur will include the following information, in writing or on a durable medium, at the latest upon delivery of the product, service, or digital content:
a. The address of the entrepreneur’s business where the consumer can address complaints;
b. The conditions under which and the methods by which the consumer can exercise the right of withdrawal, or a clear statement that withdrawal is excluded;
c. Information on guarantees and existing post-purchase service;
d. The price, including all taxes, of the product, service, or digital content; delivery costs where applicable; and the terms of payment, delivery, or performance of the distance contract;
e. The requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
f. If the consumer has a right of withdrawal, the model withdrawal form.

In the case of an ongoing contract, the provisions of the previous paragraph apply only to the first delivery.

The consumer may dissolve a contract related to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask for the reason for withdrawal but cannot obligate the consumer to state their reason(s).

The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. If the consumer orders multiple products in one order: the day on which the consumer or a designated third party receives the last product, provided the entrepreneur has clearly informed the consumer in advance about different delivery times.
b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer or a designated third party receives the final shipment or part.
c. For agreements for regular delivery of products over a specific period: the day on which the consumer or a designated third party receives the first product.

During the reflection period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functionality. The guiding principle is that the consumer may only handle and inspect the product as they would in a physical store.

The consumer is only liable for any diminished value of the product resulting from handling that goes beyond what is permitted in paragraph 1.

The consumer is not liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal prior to or at the time of concluding the agreement.

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period using the model withdrawal form or another unambiguous statement.

As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or an authorized representative). This is not required if the entrepreneur has offered to collect the product. The consumer has complied with the return deadline if they send back the product before the reflection period expires.

The consumer must return the product with all accessories, in its original condition and packaging (if reasonably possible), and in accordance with any reasonable and clear instructions provided by the entrepreneur.

The consumer bears the risk and burden of proof for correctly and timely exercising the right of withdrawal.

The consumer is responsible for the direct costs of returning the product unless the entrepreneur has failed to inform the consumer about these costs or has agreed to bear them.

If the consumer withdraws after expressly requesting the commencement of a service or the supply of gas, water, or electricity not made ready for sale in a limited volume or set quantity during the reflection period, they must pay an amount proportional to the part of the obligation already fulfilled by the entrepreneur at the time of withdrawal compared to full performance of the obligation.

The consumer does not bear costs for:
a. services or the supply of gas, water, or electricity (not made ready for sale in a limited volume or set quantity) or district heating, if the entrepreneur has failed to provide the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or
b. services if the consumer did not expressly request the commencement of the performance during the reflection period.

The consumer does not bear costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. the consumer did not explicitly consent to the start of the performance of the agreement before the end of the reflection period;
b. the consumer did not acknowledge losing their right of withdrawal upon giving consent; or
c. the entrepreneur failed to confirm the consumer’s statement.

If the consumer exercises their right of withdrawal, any supplementary agreements are automatically dissolved by operation of law.

If the entrepreneur allows for electronic notification of withdrawal by the consumer, they must send an acknowledgment of receipt promptly upon receiving such notification.

The entrepreneur must reimburse all payments made by the consumer, including any delivery costs charged for the returned product, without delay and no later than 14 days from the day the consumer notified the entrepreneur of the withdrawal. Unless the entrepreneur offers to collect the product, they may withhold reimbursement until the product has been received or until the consumer provides proof of return, whichever is earlier.

The entrepreneur must use the same payment method for the reimbursement as was used by the consumer, unless the consumer agrees to another method. The reimbursement must be free of charge for the consumer.

If the consumer opted for a delivery method more expensive than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs.

Products or services whose price is subject to fluctuations in the financial market beyond the entrepreneur's control and which may occur within the withdrawal period.

Agreements concluded at a public auction, defined as a sale method where products, digital content, and/or services are offered by the entrepreneur to the consumer, who is personally present or has the opportunity to be personally present at the auction under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services.

Service agreements, after full performance of the service, but only if:
a. the performance began with the consumer's explicit prior consent; and
b. the consumer acknowledged that they would lose their right of withdrawal once the entrepreneur fully performed the agreement.

Package travel as defined in Article 7:500 of the Dutch Civil Code and contracts for passenger transport.

Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of performance and is not for residential purposes, goods transport, car rental services, or catering.

Agreements relating to leisure activities, if the agreement specifies a certain date or period of performance.

Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or are clearly intended for a specific person.

Products that spoil quickly or have a limited shelf life.

Sealed products that are not suitable for return for health protection or hygiene reasons, and whose seal was broken after delivery.

Products that, after delivery, are inseparably mixed with other products by their nature.

Alcoholic beverages for which the price was agreed upon at the conclusion of the agreement, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.

Sealed audio, video recordings, and computer software whose seal was broken after delivery.

Newspapers, periodicals, or magazines, except for subscriptions to these.

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 resulting from changes in VAT rates.

Contrary to paragraph 1, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond their control, at variable prices. This dependency on fluctuations and the fact that any prices listed are target prices will be stated in the offer.

Price increases within three months after the agreement is concluded are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the agreement is concluded are only permitted if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement as of the date the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

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

Any additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer never limits the statutory rights and claims the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.

Additional guarantee means any obligation of the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required if they fail to fulfill their part of the agreement.

The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.

The delivery address is the address that the consumer has made known to the entrepreneur.

With due regard to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly but no later than 30 days unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

Following termination under the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated by the consumer, unless expressly agreed otherwise.

The consumer may terminate an agreement entered into for an indefinite period, which includes 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.

The consumer may terminate an agreement entered into for a definite period, which includes regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements mentioned in the previous paragraphs:

Unless otherwise specified in the agreement or additional terms, amounts due by the consumer must be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the agreement is concluded. In the case of a service agreement, this period starts the day after the consumer receives confirmation of the agreement.

For sales of products to consumers, the consumer may never be obliged to make an advance payment of more than 50%. If advance payment is agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) until the agreed advance payment has been made.

The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

If the consumer fails to fulfill their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after being reminded of the late payment and being granted a 14-day period to fulfill the payment obligations. Additionally, the entrepreneur may charge extrajudicial collection costs. These collection costs amount to a maximum of:

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

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will notify the consumer within 14 days with an acknowledgment of receipt and an indication of when a more detailed response can be expected.

A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website (www.thuiswinkel.org). The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.

The consumer must give the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Agreements between the entrepreneur and the consumer governed by these terms and conditions are exclusively subject to Dutch law. If the entrepreneur directs their activities to the consumer’s country of residence, the consumer may also invoke mandatory consumer protection law in their country.

Disputes between the consumer and entrepreneur regarding the formation or execution of agreements can be submitted by either party to the Thuiswinkel Disputes Committee, Postbus 90600, 2509 LP, The Hague (www.sgc.nl).

The Disputes Committee will only handle a dispute if the consumer has first submitted their complaint to the entrepreneur within a reasonable period.

If the complaint does not result in a solution, the dispute must be submitted in writing to the Disputes Committee within 12 months of the date the consumer submitted the complaint to the entrepreneur.

If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. The consumer is encouraged to notify the entrepreneur first.

If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer must indicate within five weeks whether they agree to this or prefer to have the dispute handled by the competent court. If the consumer does not respond within five weeks, the entrepreneur may submit the dispute to the competent court.

The Disputes Committee issues a binding decision under the conditions set forth in its regulations (www.degeschillencommissie.nl).

The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur is granted a moratorium, declared bankrupt, or has ceased business operations before the dispute is heard.

If another recognized disputes committee affiliated with the Foundation for Consumer Complaints Boards (SGC) or the Financial Services Complaints Institute (Kifid) is competent alongside the Thuiswinkel Disputes Committee, the Thuiswinkel Committee is preferred for disputes primarily related to distance selling. For other disputes, another recognized disputes committee is preferred.

Thuiswinkel.org guarantees the binding decisions of the Thuiswinkel Disputes Committee for its members unless the member submits the binding decision for judicial review within two months of its issuance. If the binding decision is upheld after judicial review and the ruling becomes final, Thuiswinkel.org will pay the consumer up to €10,000 per binding decision. For amounts exceeding €10,000, Thuiswinkel.org has a best-effort obligation to ensure the member fulfills the binding decision.

To invoke this guarantee, the consumer must submit a written request to Thuiswinkel.org and transfer their claim against the entrepreneur to Thuiswinkel.org. If the claim exceeds €10,000, the consumer may transfer the amount above €10,000 to Thuiswinkel.org, which will pursue payment on its behalf at its own expense

Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.