Terms and conditions

Article 3 – Applicability

1. These general 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.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the trader shall indicate, before the contract is concluded, that the terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these terms and conditions may, contrary to the previous paragraph, be provided to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, the trader shall indicate where the terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer by electronic or other means upon request.
4. Should specific product or service conditions also apply in addition to these general terms, paragraphs 2 and 3 shall apply correspondingly, and in the event of conflicting provisions, the consumer may always rely on the clause most favourable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partly void or annulled, the remaining provisions shall continue to apply, and the relevant provision shall be replaced by mutual agreement with one that most closely reflects the original intent.
6. Situations not covered by these general terms and conditions shall be assessed “in the spirit” of these conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions shall likewise be interpreted “in the spirit” of these conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this shall be expressly stated in the offer.
2. The offer is non-binding; the trader reserves the right to modify or adjust it.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment by the consumer. Where images are used, these provide a truthful representation of the products and/or services offered. Obvious mistakes or errors do not bind the trader.
4. All images, specifications, and information in the offer are indicative and may not give rise to compensation or termination of the contract.
5. Product images are a true reflection of the items offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.
6. Each offer shall clearly set out the consumer’s rights and obligations arising from acceptance, including:
– the price including taxes;
– delivery costs;
– the manner in which the contract will be concluded and the actions required;
– 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 during which the price is guaranteed;
– the cost of using distance communication if different from the basic rate;
– whether the contract will be archived after conclusion and, if so, how it can be accessed by the consumer;
– how the consumer can check and, if necessary, correct the information provided before concluding the contract;
– any languages, besides Dutch, in which the contract may be concluded;
– any codes of conduct the trader has subscribed to and how these can be accessed electronically;
– and the minimum duration of the contract in the case of a continuing performance contract.

Article 5 – The Contract

1. The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the applicable conditions.
2. If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until this confirmation has been received, the consumer may cancel the contract.
3. Where the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader shall adopt appropriate security measures.
4. The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all relevant facts and factors important for responsibly entering into the distance contract. If the trader has legitimate grounds not to conclude the contract based on this investigation, they may refuse an order or attach special conditions to its performance.
5. Upon delivery of a product or service, the trader shall provide the following information to the consumer, in writing or in a form that can be stored on a durable medium:
– the trader’s business address where complaints may be submitted;
– the conditions and procedures for exercising the right of withdrawal, or a clear statement when this right is excluded;
– information on warranties and after-sales service;
– the data referred to in Article 4(3), unless already provided before the contract was concluded;
– and the conditions for terminating the contract if it is of more than one year’s duration or of indefinite duration.
6. For continuing performance contracts, the previous paragraph applies only to the first delivery.
7. Each contract is concluded subject to sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Delivery of physical products (excluding art prints)

1. When purchasing products, except for art prints made on demand, the consumer has the right to dissolve the contract without giving any reason within 14 days. This cooling-off period commences on the day after the consumer, or a third party designated in advance by the consumer and made known to the trader, receives the product.
2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall unpack or use the product only to the extent necessary to determine whether they wish to retain it. If the consumer exercises their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance with the trader’s reasonable and clear instructions.
3. If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receipt of the product. Notification may be made using the model withdrawal form or by another clear means of communication, such as email. After notifying the trader, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned in time, for example by means of proof of postage.
4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise the right of withdrawal, or has not returned the product to the trader, the purchase becomes final.

Delivery of digital products (such as e-books and PDFs) and art prints

For the delivery of digital products and art prints made on demand, the right of withdrawal does not apply.

Article 7 – Costs in the Event of Withdrawal

1. If the consumer exercises the right of withdrawal, the costs of returning the goods shall be borne by the consumer.
2. If the consumer has made a payment, the trader shall refund this amount as soon as possible (but no later than 14 days after withdrawal), minus the shipping costs paid by the trader. Refunds shall only be made once the returned product has been received by the trader or the consumer has provided conclusive evidence of its return. Refunds will be issued in the form of a credit voucher redeemable for a future purchase in the same webshop.
3. If the product is damaged due to careless handling by the consumer, the consumer shall be liable for any depreciation in value.
4. The consumer cannot be held liable for any depreciation of the product if the trader has not provided all legally required information regarding the right of withdrawal prior to the conclusion of the contract.

Article 8 – Exclusion of the Right of Withdrawal

1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3, provided that this has been clearly stated in the offer, or at least before the contract is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
– produced 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 deteriorate or expire rapidly;
– whose price depends on fluctuations in the financial market beyond the trader’s control;
– single issues of newspapers and magazines;
– audio or video recordings and computer software where the consumer has broken the seal;
– hygienic products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
– relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
– where performance has begun with the consumer’s express consent before the end of the cooling-off period;
– relating to betting or lotteries.

Article 9 – The Price

1. Prices stated in offers for products or services include VAT, unless otherwise specified.
2. All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of such errors. In the event of printing or typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and usability, and applicable statutory provisions and/or government regulations existing at the date the contract was concluded. Where agreed, the trader also guarantees that the product is suitable for other than normal use.
2. Any guarantee issued by the trader, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the contract against the trader.
3. Any defects or incorrectly delivered products must be reported in writing to the trader within 14 days of delivery. Returned products must be sent back in their original packaging and in new condition.
4. The trader’s guarantee period corresponds to that of the manufacturer’s warranty. The trader is never responsible for the ultimate suitability of the products for each individual application, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
– the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
– the delivered products have been exposed to abnormal conditions, handled carelessly, or contrary to the trader’s instructions or the packaging;
– the defect wholly or partly results from regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

1. The trader shall exercise the utmost care when receiving orders and executing product deliveries, as well as when assessing requests for the provision of services.
2.The place of delivery is deemed to be the address provided by the consumer to the trader. The trader is not responsible for incorrectly entered addresses.
3. Subject to what is stated in paragraph 4 of this article, the trader shall execute accepted orders with due speed and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only partially be fulfilled, the consumer shall be informed no later than 30 days after the order was placed. In such a case, the consumer has the right to dissolve the contract without cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution pursuant to paragraph 3, the trader shall refund the amount paid by the consumer, minus shipping costs, as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the trader will make reasonable efforts to offer a replacement article.

Article 12 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6(1). In the case of a contract for a service, this period commences after the consumer has received confirmation of the contract.
2. The consumer must immediately report any inaccuracies in payment details provided or stated to the trader.
3. In the event of non-payment by the consumer, and subject to statutory restrictions, the trader has the right to charge the consumer reasonable costs that were communicated in advance.

Article 13 – Complaints Procedure

1. The trader has an adequately publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the contract must be submitted to the trader within 14 days after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall reply within 14 days acknowledging receipt and indicating when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
5. Consumers must first submit their complaint to the trader.
6. A complaint does not suspend the trader’s obligations unless the trader indicates otherwise in writing.
7. If a complaint is found to be justified by the trader, the trader shall, at their discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention (CISG) does not apply.

Article 15 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in a form that allows them to be stored by the consumer on a durable medium.

Article 16 – Privacy

Article 17 – Copyright