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Terms and conditions

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the trader

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and warranty

Article 11 – Delivery and performance

Article 12 – Duration transactions: term, termination and renewal

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
  2. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession and who enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model withdrawal form: the model withdrawal form made available by the trader which a consumer may complete if they wish to exercise the right of withdrawal.
  8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: an agreement concluded within the framework of an organised system for distance selling of products and/or services, whereby up to and including the conclusion of the agreement exclusive use is made of one or more means of distance communication;
  10. Means of distance communication: a means that can be used for concluding an agreement, without the consumer and trader being together in the same place at the same time.
  11. General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

A-Journal;

Johan de Wittlaan 17, 3051 HE Rotterdam;

Visits by consumers are not possible;

Not reachable by telephone

Email address: [email protected]

Chamber of Commerce number (KvK): 74864718

VAT identification number: NL860054573B01

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 will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can 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.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general 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, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
  4. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply accordingly and the consumer may, in the event of conflicting terms and conditions, always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual consultation with a provision that approaches the intent of the original as closely as possible.
  6. Situations not covered by these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted “in the spirit” of these general terms and conditions.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
  2. The offer is without obligation. The trader is entitled to amend and adjust the offer.
  3. The offer contains a complete 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 do not bind the trader.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Product images are a truthful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns, in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are required for that;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the agreement;
    • the period for accepting the offer, or the period within which the trader guarantees the price;
    • the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
    • whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
    • the manner in which the consumer can, before concluding the agreement, check the data provided by them in the context of the agreement and, if desired, correct it;
    • any other languages in which the agreement may be concluded in addition to Dutch;
    • the codes of conduct to which the trader has submitted 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 a duration transaction.

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the trader will promptly 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 dissolve the agreement.
  3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
  4. The trader may, within the bounds of the law, inform itself whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to responsibly entering into the distance contract. If the trader has good grounds, based on this investigation, for not entering into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to performance.
  5. The trader will provide the consumer with 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:
  6. the visiting address of the trader’s establishment where the consumer can submit complaints;
  7. 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;
  8. information about warranties and existing after-sales service;
  9. the details included in Article 4 paragraph 3 of these terms and conditions, unless the trader has already provided these details to the consumer before performance of the agreement;
  10. the requirements for terminating the agreement if the agreement has a duration of more than one year or for an indefinite period.
  11. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Each agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

 

Article 6 – Right of withdrawal

In case of delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
  2. During the cooling-off period, the consumer will handle the product and 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 the right of withdrawal, they will return the product with all supplied 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, the consumer must notify the trader within 30 days after receiving the product. The consumer must do so by means of the model withdrawal form. After the consumer has indicated that they wish to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
  4. If the customer has not indicated, after the expiry of the periods referred to in paragraphs 2 and 3, that they wish to exercise the right of withdrawal, respectively has not returned the product to the trader, the purchase is a fact.

In case of delivery of services:

  1. In the case of delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 30 days, starting on the day the agreement is concluded.
  2. To exercise the right of withdrawal, the consumer will follow the trader’s reasonable and clear instructions provided with the offer and/or no later than upon delivery.

Article 7 – Costs in case of withdrawal

  1. If the consumer exercises the right of withdrawal, at most the costs of return shipment will be at the consumer’s expense.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop operator or conclusive proof of complete return shipment can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
  4. The consumer cannot be held liable 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 concluding the purchase agreement.

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. Exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been created by the trader in accordance with the consumer’s specifications;
  4. that are clearly of a personal nature;
  5. that cannot be returned due to their nature;
  6. that can spoil or become obsolete quickly;
  7. the price of which is subject to fluctuations in the financial market over which the trader has no influence;
  8. for individual newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygienic products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
  13. the performance of which has begun with the consumer’s explicit consent before the cooling-off period has expired;
  14. relating to betting and lotteries.

Article 9 – The price

  1. 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 VAT rates.
  2. In deviation from the previous paragraph, the trader may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any stated prices are guide prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are permitted only if the trader has stipulated this and:
  5. these result from statutory regulations or provisions; or
  6. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
  7. The prices stated in the offer of products or services include VAT.
  8. 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 10 – Conformity and Warranty

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months after delivery. Products must be returned in the original packaging and in new condition.
  4. 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.
  5. 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 instructions of the trader and/or the handling instructions on the packaging;
  • The defect 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

  1. The trader will exercise the greatest possible care in receiving and in performing orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this Article, the company will execute accepted orders with 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 partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  5. 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.
  6. If delivery of an ordered product proves to be impossible, the trader will make every effort to provide a replacement item. No later than at delivery, it will be stated 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 will be borne by the trader.
  7. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Duration transactions: term, termination and renewal

Termination

  1. The consumer may at any time terminate an agreement entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may at any time terminate an agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services, at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
  • at any time and not be restricted to termination at a specific time or during a specific period;
  • at least in the same manner as they were entered into by the consumer;
  • always with the same notice period as the trader has stipulated for itself.

Renewal

  1. An agreement entered into for a fixed period that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
  2. In deviation from the previous paragraph, an agreement entered into for a fixed period that provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, provided that the consumer may terminate the renewed agreement at the end of the renewal with a notice period of no more than one month.
  3. An agreement entered into for a fixed period that provides for 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 no more than one month, and with a notice period of no more than three months if the agreement provides for regular delivery of daily, news and weekly newspapers and magazines but less than once per month.
  4. An agreement of limited duration for the purpose of regularly delivering daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period has expired.

Term

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

  1. Unless agreed otherwise, 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 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer has the obligation to report any inaccuracies in provided or stated payment details to the trader without delay.
  3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints regarding the performance of the agreement must be submitted to the trader within 2 months, fully and clearly described, after the consumer has identified the defects.
  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of 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 disputes procedure.
  5. In the event of complaints, a consumer must first contact the trader. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  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 will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Dutch law exclusively applies to agreements between the trader and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.
  2. The Vienna Sales Convention (CISG) does not apply.

 

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.