General terms & Conditions
General Terms & Conditions (UK)
Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
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Cooling-off Period: The period within which the Consumer may exercise the right of withdrawal.
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Consumer: A natural person who is acting for purposes wholly or mainly outside their trade, business, craft, or profession and who enters into a distance contract with the Trader.
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Day: Calendar day.
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Ongoing Transaction (Continuous Performance Contract): A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
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Durable Medium: Any instrument which enables the Consumer or the Trader to store information addressed personally to them in a way that allows future reference and unchanged reproduction of the stored information.
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Right of Withdrawal: The option for the Consumer to withdraw from the distance contract within the Cooling-off Period.
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Trader: The natural or legal person who offers products and/or services to Consumers at a distance.
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Distance Contract: A contract concluded between the Trader and the Consumer within the framework of an organised system for distance sales of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
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Means of Distance Communication: A method that can be used to conclude a contract without the Consumer and Trader being in the same place at the same time.
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Terms & Conditions: These Terms & Conditions of the Trader.
Article 2 – Right of Withdrawal
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The Consumer has the right to withdraw from the contract within 30 days without giving any reason. During the Cooling-off Period, the Consumer shall handle the product and packaging with care.
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If the Consumer exercises the right of withdrawal, the product shall be returned with all accessories supplied and, where reasonably possible, in its original condition, in accordance with the Trader’s reasonable instructions.
Article 3 – Applicability
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These Terms & Conditions apply to every offer made by the Trader and to every distance contract and order concluded between the Trader and the Consumer.
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Before the distance contract is concluded, the text of these Terms & Conditions will be made available to the Consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the Terms & Conditions can be viewed at the Trader’s premises and will be sent to the Consumer free of charge upon request as soon as possible.
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Where the distance contract is concluded electronically, the text of these Terms & Conditions may, prior to the conclusion of the contract, 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, it will be indicated where the Terms & Conditions can be accessed electronically and that they will be provided free of charge upon request, electronically or otherwise.
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If specific product or service terms also apply in addition to these Terms & Conditions, paragraphs 2 and 3 apply accordingly, and in the event of conflicting terms the Consumer may rely on the provision that is most favourable to them.
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If any provision of these Terms & Conditions is wholly or partly void or invalid at any time, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the intent of the original.
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Situations not covered by these Terms & Conditions shall be assessed in line with the spirit of these Terms & Conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in line with the spirit of these Terms & Conditions.
Article 4 – The Offer
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If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
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The offer is non-binding. The Trader is entitled to amend and adjust the offer.
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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 properly assess the offer.
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If the Trader uses images, these provide a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the Trader.
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All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.
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Product images provide a truthful representation of the products offered. The Trader cannot guarantee that the colours shown exactly match the actual colours of the products.
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Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to acceptance of the offer, including in particular:
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any shipping costs;
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how the contract will be concluded and what actions are required;
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whether the right of withdrawal applies;
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the method of payment, delivery, and performance of the contract;
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the time limit for acceptance of the offer or the period during which the price is guaranteed;
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the rate for distance communication if costs are charged other than at the basic rate for the means of communication used;
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whether the contract will be archived after conclusion and, if so, how it can be accessed by the Consumer;
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how the Consumer can check and, if desired, correct the data they have provided prior to concluding the contract;
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any other languages in which the contract may be concluded in addition to Dutch;
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any codes of conduct to which the Trader is subject and how the Consumer can consult these electronically;
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the minimum duration of the distance contract in the case of an Ongoing Transaction.
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Optional: available sizes, colours, and materials.
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Article 5 – The Contract
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Subject to the provisions of paragraph 4, the contract is concluded at the moment the Consumer accepts the offer and fulfils the conditions stated therein.
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If the Consumer has accepted the offer electronically, the Trader will promptly confirm receipt of acceptance electronically. As long as the Trader has not confirmed receipt of acceptance, the Consumer may cancel the contract.
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Where the contract is concluded electronically, the Trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, the Trader will observe appropriate security measures.
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The Trader may, within legal frameworks, assess whether the Consumer can meet their payment obligations and consider all facts and factors relevant to responsibly entering into the distance contract. If the Trader has good grounds not to enter into the contract, the Trader is entitled to refuse an order or request with reasons or to attach special conditions to performance.
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The Trader will provide the Consumer, in writing or in a manner that allows the Consumer to store it on a Durable Medium, with the following information at the latest upon delivery of the product or service:
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the visiting address of the Trader’s establishment where the Consumer can submit complaints;
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the conditions under which and the manner in which the Consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
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information about guarantees and after-sales service;
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the data referred to in Article 4(7), unless already provided before performance of the contract;
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the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
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In the case of an Ongoing Transaction, paragraph 5 applies only to the first delivery.
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Each contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal (Products)
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When purchasing products, the Consumer has the right to withdraw from the contract without giving any reason within 30 days.
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The Cooling-off Period begins on the day after the Consumer (or a representative designated by the Consumer and known to the Trader) receives the product.
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During the Cooling-off Period, the Consumer shall handle the product and packaging with care. The Consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it.
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If the Consumer exercises the right of withdrawal, the Consumer shall return the product with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the Trader’s reasonable and clear instructions.
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To exercise the right of withdrawal, the Consumer must notify the Trader within 30 days of receiving the product by written notice or email.
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After notifying the Trader, the Consumer must return the product within 30 days. The Consumer must be able to prove that the goods were returned on time, for example by providing proof of postage.
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If the Consumer has not notified the Trader within the time limits stated above and/or has not returned the product, the purchase is final.