General Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In 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 does not act in the exercise of a commercial or self-employed professional activity and who enters into a distance contract with the entrepreneur.
Day: Calendar day.
Continuing obligation: A distance contract relating to a series of goods and/or services, the supply and/or purchase obligation of which is spread over time.
Durable medium: Any device that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.
Right of withdrawal: The consumer’s option to withdraw from the distance contract within the withdrawal period.
Entrepreneur: The natural or legal person who, in the course of their trade, offers goods and/or services at a distance.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.
Means of distance communication: Any means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same place.
General Terms and Conditions: These present terms and conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within 30 days without giving any reason. Within this period, the consumer must handle the goods with care and avoid damaging the packaging.
If the consumer makes use of the right of withdrawal, they must return the goods, including all accessories and – if reasonably possible – in the original packaging, in accordance with the reasonable instructions of the entrepreneur.
Article 3 – Applicability
These Terms and Conditions apply to every offer made by the entrepreneur, as well as to every distance contract and every order between the entrepreneur and the consumer.
Before concluding the contract, the entrepreneur shall make the text of these Terms and Conditions available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate before the contract is concluded that the Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge at the consumer’s request.
If the contract is concluded electronically, the text of these Terms and Conditions can be made available to the consumer in such a way that it can be easily stored by the consumer on a durable medium.
If specific product or service conditions apply in addition to these Terms and Conditions, the above provisions shall apply accordingly. In the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.
Should any provision of these Terms and Conditions be wholly or partially null and void or declared invalid, the remainder of the contract shall remain in force. The invalid provision shall be replaced by a provision that comes as close as possible to the intended economic purpose.
Ambiguities or gaps in these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.
Article 4 – The Offer
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur reserves the right to amend the offer.
The offer contains a complete and accurate description of the goods and/or services. Illustrations are provided for reference and may differ slightly from the original product.
Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains clear information regarding:
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Shipping costs,
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Conclusion of the contract,
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Right of withdrawal,
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Payment, delivery, and contract conditions,
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Validity of the offer,
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Availability,
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Possibility to store the contract content,
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Technical steps to conclude the contract,
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Contract languages (at least German),
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Relevant codes of conduct,
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Minimum duration for continuing obligations,
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Available sizes, colors, or materials (if applicable).
Article 5 – Conclusion of the Contract
The contract is concluded by the consumer’s acceptance of the offer and fulfillment of the associated conditions.
In the case of electronic acceptance, the entrepreneur shall immediately confirm receipt of the order. Until confirmation is received, the consumer may revoke the contract.
The entrepreneur shall take appropriate technical and organizational measures for secure electronic data transfer.
If there is suspicion of payment risk, the entrepreneur may refuse the order or impose special conditions.
At the latest upon delivery, the entrepreneur shall provide the consumer with the following information:
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Contact address for complaints,
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Conditions of the right of withdrawal,
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Warranty and service conditions,
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Essential contract details (if not previously provided),
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Cancellation conditions for longer-term contracts.
Article 6 – Right of Withdrawal
The consumer has the right to withdraw from the contract within 30 days without giving any reason. The period begins on the day after receipt of the goods.
During the withdrawal period, the consumer must handle the goods and packaging with care. They may only use the goods to the extent necessary to assess them as they would in a physical store.
In the event of withdrawal, the consumer must return the goods properly, with all accessories, and – if reasonably possible – in the original packaging.
The withdrawal must be declared in writing or by email within 30 days of receipt of the goods.
After declaring withdrawal, the consumer has an additional 30 days to return the goods. Proof of timely dispatch lies with the consumer.
If the withdrawal is not declared in time or the return does not occur within the period, the contract remains in effect.
Article 7 – Costs in Case of Withdrawal
The consumer bears the cost of returning the goods.
Payments already made shall be refunded by the entrepreneur within 30 days of withdrawal, provided the goods have been received back or proof of return has been furnished.
Article 8 – Exclusion of the Right of Withdrawal
The right of withdrawal may be excluded for:
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Products made to the customer’s specifications,
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Clearly personalized products,
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Products sealed for hygiene reasons where the seal has been removed,
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Products liable to deteriorate or expire rapidly,
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Products subject to fluctuations in financial markets,
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Newspapers and magazines without subscriptions,
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Opened audio/video recordings or software.
Any exclusion must be clearly communicated before the contract is concluded.
Article 9 – Price
Prices apply during the validity of the offer, except in the case of changes to VAT.
Prices linked to fluctuations in financial markets may vary; this will be clearly stated in the offer.
Price adjustments within three months of contract conclusion are only permitted in the event of legal changes.
After three months, price adjustments are permitted only if contractually agreed, with a right of termination for the consumer.
Price errors are excluded; the entrepreneur is not liable for obvious printing or typographical errors.
Article 10 – Conformity and Warranty
The delivered products must comply with the contractual agreements, product descriptions, and statutory requirements.
Additional guarantees do not affect statutory rights.
Defects must be reported in writing within 30 days. Returns must be in the original packaging and in new condition.
No warranty applies in cases of improper use, unauthorized repairs, or official requirements on material selection.
Article 11 – Delivery and Performance
The entrepreneur shall deliver within the agreed period, but no later than 30 days after the order, unless otherwise agreed.
In the event of delays, the entrepreneur shall inform the consumer promptly.
If the contract cannot be fulfilled, the consumer shall receive a refund of the purchase price.
In the case of substitute delivery, the right of withdrawal remains; in such cases, return costs shall be borne by the entrepreneur.
The risk passes only upon delivery to the consumer or their authorized representative.
Article 12 – Continuing Obligations: Duration, Termination, and Renewal
Termination may occur at any time with a notice period of no more than one month.
Automatic renewal is not permitted, except for newspaper subscriptions (maximum three months with a right of termination).
Trial subscriptions end automatically.
Contracts longer than one year may be terminated after one year with a notice period of no more than one month.
Article 13 – Payment
Payments must be made no later than seven business days after the start of the withdrawal period.
For service contracts, the period begins with contract confirmation.
Payment errors must be reported immediately.
In case of late payment, the entrepreneur may charge reminder fees.
Article 14 – Complaints Procedure
Complaints must be reported within seven days of discovery.
The entrepreneur shall respond within 14 days. If longer processing is required, the consumer shall be informed in good time.
If no agreement can be reached, a mediation body may be involved.
A complaint does not release the consumer from their obligations.
In the case of justified complaints, the goods will be replaced or repaired.
Article 15 – Disputes
For contracts between the entrepreneur and the consumer, only Dutch law applies, even if the consumer resides abroad.