Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;

Day: calendar day;

Extended-duration transaction: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;

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

Distance contract: a contract in which, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: a means that may be used for concluding a contract without the consumer and trader being together in the same place at the same time.

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

Article 2 – 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 is made available to the consumer. If this is not reasonably possible, then before the distance contract is concluded, it will be indicated that the terms and conditions may be inspected at the trader'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, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, then before the distance contract is concluded, it will be indicated where the terms and conditions may be accessed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.

If, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partly null and void or annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.

Situations not provided for in these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

Any uncertainty regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these terms and conditions.

Article 3 – The offer

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

The offer is without obligation. The trader is entitled to change and adjust the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

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

Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price, excluding customs clearance costs and import GST. These additional costs will be for the account and risk of the customer. In relation to the import, the postal and/or courier service will make use of the special scheme for postal and courier services. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the GST (whether or not together with the customs clearance costs charged) from the recipient of the goods;

any shipping costs;

the manner in which the contract will be concluded and what actions are required to do so;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance of the contract;

the period for accepting the offer, or the period within which the trader guarantees the price;

the level of the charge for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard base rate for the means of communication used;

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

the manner in which the consumer can, before concluding the contract, check and, if desired, correct the information they have provided in connection with the contract;

any languages other than Dutch in which the contract may be concluded;

the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of an extended-duration transaction.

Optional: available sizes, colours, types of materials.

Article 4 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and satisfies the conditions attached to it.

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

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.

The trader may, within the limits of the law, inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

The trader will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the trader's establishment where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about warranties and existing after-sales service;

the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performing the contract;

the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of an extended-duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 5 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This cooling-off period commences on the day after the product is received by the consumer or by a representative designated in advance by the consumer and made known to the trader.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the trader within 30 days of receiving the product. The consumer must make this known by means of a written message/email. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of postage.

If the customer has not made known that they wish to exercise their right of withdrawal, or has not returned the product to the trader, after the expiry of the periods referred to in paragraphs 2 and 3, the sale is final.

Article 6 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are for the account of the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or that conclusive proof of complete return can be provided.

Article 7 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

that have been made by the trader in accordance with the consumer's specifications;

that are clearly personal in nature;

that by their nature cannot be returned;

that can perish or age quickly;

whose price is subject to fluctuations in the financial market over which the trader has no influence;

for individual newspapers and magazines;

for audio and video recordings and computer software of which the consumer has broken the seal;

for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;

the supply of which has begun with the consumer's express consent before the cooling-off period has expired;

relating to bets and lotteries.

Article 8 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in GST rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are guide prices will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or

the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In the present case, this delivery takes place outside the EU. Accordingly, import GST and/or customs clearance costs will be collected from the buyer by the postal or courier service. Therefore, no GST will be charged by the trader.

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

Article 9 – Identity of the trader

Company name: [YOUR COMPANY NAME]

Business address: [YOUR BUSINESS ADDRESS]

info@[YOUR STORE NAME].nl

Chamber of Commerce (KvK) number: [YOUR KVK NUMBER]

VAT identification number: [YOUR VAT ID]

Article 10 – Conformity and Warranty

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

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. The products must be returned in their original packaging and in as-new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the trader's instructions and/or the instructions on the packaging;

the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and performing orders for products.

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

With due observance of what is stated about this in Article 4 of these terms and conditions, the company will execute accepted orders with all due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves to be impossible, the trader will make every effort to make a replacement item available. No later than at the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Extended-duration transactions: duration, termination and renewal

Termination

The consumer may at any time terminate a contract entered into for an indefinite period for the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.

The consumer may at any time terminate a contract entered into for a fixed period for the regular delivery of products (including electricity) or services, effective at the end of the fixed period, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.

The consumer may, in relation to the contracts referred to in the previous paragraphs:

terminate them at any time and not be restricted to termination at a specific time or during a specific period;

terminate them at least in the same way as they entered into them;

always terminate them with the same notice period as the trader has stipulated for itself.

Renewal

A contract entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

I'll translate this into Australian English. Note that this document is governed by Dutch law and contains Netherlands-specific legal references (KvK, BTW, Dutch statutes), which I've kept accurate while translating the language.

Terms and Conditions

*Complete Article 9.