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General terms and conditions of business

Article 1 – Definitions
In these terms and conditions, the following are understood as:

Withdrawal period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting in the course of their professional or commercial activity and who concludes a distance contract with the entrepreneur.
Day: Calendar day.
Continuing obligation: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the withdrawal period.
Entrepreneur: 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 organized by the entrepreneur for the distance sale of products and/or services, one or more means of distance communication are used exclusively up to the conclusion of the contract.
Distance Communication Method: A means that can be used to conclude a contract without the consumer and entrepreneur being present at the same time.
General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within a cooling-off period of 30 days without giving any reason. During the cooling-off period, the consumer will handle the product and its packaging with care.
If the consumer exercises his right of withdrawal, he will return the product with all supplied accessories and, if possible, in its original condition, in accordance with the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability
These general 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 the conclusion of the contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the conclusion of the contract that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent promptly and free of charge at the consumer's request.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the conclusion of the contract, the text of these general terms and conditions may be made available 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 consumer will be informed before the conclusion of the contract where the general terms and conditions can be inspected electronically and that they will be sent electronically or by other means free of charge at the consumer's request.
If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly. In the event of conflicting general terms and conditions, the consumer can always rely on the most favorable provision.
Should one or more provisions of these general terms and conditions be or become invalid in whole or in part, the contract and the remaining provisions shall remain unaffected. The invalid provision shall be immediately replaced by a provision that comes as close as possible to the original purpose.
Situations not regulated by these general terms and conditions shall be assessed in accordance with these terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in accordance with these general terms and conditions.

Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer.
If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to any claim for damages or cancellation of the contract.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:

Any applicable shipping costs.
The manner in which the contract is concluded and the steps required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and fulfillment of the contract.
The deadline for accepting the offer or the deadline within which the trader guarantees the price.
The amount of communication costs for distance communication, if calculated on a basis other than the regular basic rate.
Whether the contract will be archived after its conclusion and, if so, how this can be accessed by the consumer.
How the consumer can check and, if necessary, correct the information provided in the contract before concluding the contract.
Any other languages available in addition to German in which the contract can be concluded.
The codes of conduct to which the trader has submitted and how the consumer can access these electronically.
The minimum duration of the distance contract in a continuing obligation.

Optional: available sizes, colors, material types.

Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, upon the consumer's acceptance of the offer and the fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may – within the framework of the statutory provisions – obtain information about the consumer's ability to meet his payment obligations, as well as about all facts and factors relevant for a responsible conclusion of the distance contract. If, based on this examination, the trader has legitimate reasons not to conclude the contract, he is entitled to refuse an order or request with reasons or to impose special conditions on the execution.
The trader shall provide the consumer with the following information about the product or service, in writing or in such a way that the consumer can store it on an accessible durable medium:

The address of the trader's branch where the consumer can report any complaints.
The conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal.
Information about guarantees and existing after-sales service.
The data contained in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this data to the consumer before the contract is fulfilled.
The conditions for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of a continuing obligation, the provision in the previous paragraph applies only to the first delivery. Every contract is concluded subject to the suspensive condition of sufficient availability of the products in question.

Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to withdraw from the contract within 30 days without giving any reason.
This withdrawal period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the withdrawal period, the consumer will handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep the product.
If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 30 days of receiving the product. This notification must be made in writing or by email.
After the consumer has notified them that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must provide proof of timely shipment of the goods, for example, by providing a shipping receipt.
If the consumer has not notified the trader of their wish to exercise their right of withdrawal and/or has not returned the product to the trader after the expiry of the deadlines specified in paragraphs 2 and 3, the purchase contract is concluded.

Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, he shall bear the costs of returning the products.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is provided that the product has already been returned to the entrepreneur or that complete proof of the return is provided.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for certain products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or in good time before the conclusion of the contract.
An exclusion of the right of withdrawal is only possible for products:

Products produced by the trader according to the consumer's specifications.
Products of a clearly personal nature.
Products that cannot be returned due to their nature.
Products that are susceptible to deterioration or obsolescence.
Products whose price is tied to financial market fluctuations beyond the trader's control.
Individual newspapers and magazines.
Media, video recordings, and computer software whose seal has been removed by the consumer.
Hygiene products whose seal has been removed by the consumer.

Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
By way of derogation from paragraph 1, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that the stated prices are guide prices will be stated in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they concern legal regulations or provisions.
Price increases from three months after the conclusion of the contract are only permitted if the entrepreneur has agreed to this and:

These are based on statutory regulations or provisions.
The consumer is entitled to terminate the contract effective from the date of the price increase.
All prices are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty
The Entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of fitness and/or usability, and the legal provisions and/or government regulations applicable at the time the agreement is concluded. If agreed, the Entrepreneur also warrants that the product is suitable for use other than normal use.
A guarantee provided by the Entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the Entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 30 days of delivery. The products must be returned in their original packaging and in new condition.
The Entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the Entrepreneur assumes no liability 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 guarantee does not apply if:

The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties.
The delivered products have been exposed to abnormal conditions or have otherwise been handled improperly or contrary to the trader's instructions and/or the packaging.
The defectiveness is wholly or partly due to regulations that the government has issued or will issue regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care in accepting and executing orders.
Subject to the provisions of Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders with reasonable speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery time.
If delivery is delayed or an order cannot be executed or can only be partially executed, the consumer will receive notification no later than 30 days after placing the order. In this case, the consumer has the right to withdraw from the contract free of charge and, if applicable, to claim compensation.
In the event of withdrawal in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days of withdrawal.
If delivery of an ordered product is impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item will be delivered.
The right of withdrawal cannot be excluded for a replacement item. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of the products shall be borne by the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuous Contracts: Duration, Termination, and Renewal

Termination
The consumer may terminate a contract concluded for an indefinite period for the regular delivery of products (including electricity) or services at any time, subject to compliance with the agreed termination conditions and a notice period of no more than one month.
The consumer may terminate a contract concluded for a definite period for the regular delivery of products (including electricity) or services at any time, effective at the end of the agreed term, subject to compliance with the agreed termination conditions and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:

terminate at any time and is not limited to terminating only at specific times or within specific periods;
terminate at least in the same manner as the contract was concluded;
always terminate with the same notice period that the entrepreneur has agreed for himself.

Renewal
A contract concluded for a definite period of time and for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specific period.
By way of derogation, a contract concluded for a definite period of time and for the regular delivery of daily, news, and weekly newspapers, as well as magazines, may be tacitly renewed for a maximum of three months, provided that the consumer may terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.
A contract concluded for a definite period of time and for the regular delivery of products or services may only be tacitly renewed for an indefinite period of time if the contract covers the regular delivery of daily, news, and weekly newspapers, as well as magazines, but less frequently than once a month.
A limited-term contract for the regular, trial delivery of daily, news, and weekly newspapers, as well as magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Term
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness precludes termination before the end of the agreed term.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the withdrawal period pursuant to Article 6(1).
In the case of a service contract, this period begins after the consumer has received confirmation of the contract.
The consumer is obliged to immediately notify the trader of any errors in the payment details provided or communicated.
In the event of late payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints procedure
Complaints about the performance of the contract must be submitted to the trader within seven days of the consumer discovering the deficiencies, in a full and clearly described manner.
Complaints submitted to the trader will be answered within 14 days of receipt.
If a complaint is likely to require a longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and indicate when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
If the entrepreneur considers a complaint to be justified, the entrepreneur will, at its sole discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
This also applies if the consumer is resident abroad.