Store’s terms and conditions

5. The Offer

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

The offer is non-binding. The trader is entitled to change and amend the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the trader.

All images, specifications in the offer are indicative and cannot be a reason for any compensation or dissolution of the agreement.

Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colors exactly match the real colors 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 including taxes;
• any costs of delivery;
• the manner in which the contract will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the term for accepting the offer or the term for adhering to the price;
• the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
• if the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the contract, can check the data provided by them under the contract and repair it if necessary;
• any other languages in which, besides English, the contract can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of an extended transaction.

6. The Contract

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

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

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

The trader can, within legal frameworks, inform themselves if the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the trader has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.

The trader will send the following information with the product or service, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the trader’s establishment where the consumer can lodge 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;
• information about guarantees and existing after-sales service;
• the data included in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer with these data before the execution of the agreement;
• the requirements for canceling the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive conditions of sufficient availability of the concerned products.

7. Right of Withdrawal

7.1. Upon delivery of products

When purchasing products, the consumer has the option of dissolving the contract without giving any reason for 14 days. This reflection period commences on the day following receipt of the product by the consumer or a pre-designated representative known to the trader.

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to ascertain the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

For reasons of hygiene, vaporizers cannot be returned after use and therefore fall outside the right of withdrawal.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader within 14 days after receiving the product. The consumer must make this known using the model withdrawal form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through proof of mail delivery.

If, after the expiration of the periods specified in paragraphs 2 and 3, the customer has not made known to wish to make use of his right of withdrawal or the product has not been returned to the trader, the sale is a fact.

The customer has the right to return the undamaged goods without providing any explanation within 14 days of receiving the item.

7.2. For services

For services, the consumer has the possibility of dissolving the agreement without giving any reasons for at least 14 days, starting on the day of entering into the contract.

To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader at the offer and/or at the latest upon delivery.

7.3. Costs in Case of Withdrawal

If the consumer exercises his right of withdrawal, the maximum cost of return shipping is for his account.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The prerequisite is that the product has already been received back by the trader or conclusive proof of complete return can be submitted. Refund will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.

In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

The consumer cannot be held responsible for depreciation of the product if the trader has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

7.4. Exclusion of Right of Withdrawal

The trader can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in time for the conclusion of the contract.

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

• That have been created by the trader in accordance with the consumer’s specifications;
• That are clearly personal in nature;
• Which cannot be returned due to their nature;
• That can spoil 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 hygienic products of which the consumer has broken the seal.

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

• Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period;
• Whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
• Concerning bets and lotteries.

7.5. The Model Withdrawal Form

The model withdrawal form is available for download on our website.

8. The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services are not increased, except for price changes due to changes in VAT 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, with variable prices. This bondage to fluctuations and the fact that any stated prices are target prices will be stated in the offer.

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

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

• They are the result of statutory regulations or provisions; or
• The consumer has the authority to cancel the contract with effect from the day on which the price increase takes effect.

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

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the trader is not obliged to deliver the product according to the erroneous price.

9. 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 reliability and/or usability and the existing statutory provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the legal 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 4 weeks after delivery. Return of the products must be in the original packaging and in 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 had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the trader and/or have been treated on the packaging;
• The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

10. Delivery and Execution

Delivery takes place while stocks last.

The trader will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

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

With due observance of what has been stated about this in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without costs. The consumer is not entitled to compensation.

All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the trader will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the trader.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and announced representative to the trader, unless explicitly agreed otherwise.

11. Duration Transactions: Duration, Termination, and Extension

Termination:

• The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of at most one month.
• The consumer can terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time at the end of the fixed term with due observance of the agreed termination rules and a notice period of at most one month.
• The consumer can conclude the agreements mentioned in the previous paragraphs:
  • terminate at any time and not be limited to termination at a specific time or in a specific period;
  • at least terminate in the same way as they are entered into by him;
  • always terminate with the same notice period as the trader has stipulated for himself.

Extension:

• An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
• Notwithstanding the previous paragraph, a fixed-term agreement that extends to the regular delivery of day, news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.
• An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months if the agreement extends to the regular, but less than once a month, delivery of day, news and weekly newspapers and magazines.
• An agreement with a limited duration for the regular introduction of day, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

• If an agreement has a duration of more than one year, after one year the consumer may at any time terminate with a notice period of at most one month, unless the reasonableness and fairness oppose termination before the end of the agreed duration.

12. Payment

Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the cooling-off period commences, or in the absence of a cooling-off period within 14 days after concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s), before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.

In the event of default by the consumer, the trader has the right, subject to legal restrictions, to charge the reasonable costs announced to the consumer in advance.

13. Complaints Procedure

The trader has a sufficiently publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has found the defects.

Complaints submitted to the trader are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.

In case of complaints, a consumer should first turn to the trader. If there is still no solution, the consumer has the option to have his complaint handled by the independent Disputes Committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the consumer and the trader agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr)..

A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

14. Disputes

Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

15. Additional or Different Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.