General terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cancellation period: The period during which the consumer may exercise their right of cancellation.
Consumer: The natural person who is not acting in the course of a trade or business and who enters into a distance contract with the company.
Day: Calendar day.
Subscription agreement: A distance contract for a series of products and/or services where the delivery and/or purchase obligation is spread over time.
Durable medium: Any means that enables the consumer or the company to store information that is personally addressed to them in a way that allows future access and unchanged reproduction of the stored information.
Right of withdrawal: The consumer's option to withdraw from the distance contract within the withdrawal period.
Company: The natural or legal person who offers products and/or services at a distance to consumers.
Distance contract: A contract where, as part of a system organized by the company for the distance sale of products and/or services, a contract is concluded exclusively through the use of one or more means of distance communication.
Means of distance communication: Any means that can be used to conclude an agreement without the consumer and the company being physically present at the same place at the same time.
General terms and conditions: These general terms and conditions of the company.

 

Article 2 – Right of withdrawal

The consumer has the right to withdraw from the agreement without giving any reason within a withdrawal period of 30 days.
During the withdrawal period, the consumer must handle the product and packaging with care. If the consumer exercises their right of withdrawal, they must return the product with all accompanying accessories and, if possible, in its original condition, in accordance with reasonable instructions from the company.

 

Article 3 – Applicability

These general terms and conditions apply to any offer made by the company, as well as to any distance selling agreement and any order entered into between the company and the consumer.

Before a 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, it shall be stated before the contract is concluded that the terms and conditions are available at the company and that they will be sent immediately and free of charge at the consumer's request.

If the distance contract is concluded electronically, the text of the general terms and conditions may, by way of derogation from the previous paragraph, be made available to the consumer electronically before the contract is concluded in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be stated before the agreement is concluded where the terms and conditions can be accessed electronically and that they will be sent electronically or by other means free of charge upon request.

If, in addition to these general terms and conditions, special product or service terms and conditions also apply, the second and third paragraphs shall apply mutatis mutandis. In the event of conflicting terms and conditions, the consumer may always invoke the provision that is most favorable to him.

If one or more provisions of these general terms and conditions are invalid or are annulled in whole or in part at any given time, the agreement and the other terms and conditions shall remain in force, and the provision in question shall be replaced by mutual agreement with a provision that, to the greatest extent possible, fulfills the purpose of the original provision.

Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall also be interpreted in accordance with the spirit of these 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 company reserves the right 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 enable the consumer to make a proper assessment of the offer.

If the company uses images, these are a true representation of the products and/or services offered. Obvious errors or spelling/typing errors in the offer are not binding on the company.

All images and specifications in the offer are indicative and cannot form the basis for compensation or cancellation of the agreement.

Images of products are a true representation of the products offered. However, the company cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

 

the products.

Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:

• Any shipping costs.
• How the agreement is concluded and what actions are required for this.
• Whether the right of withdrawal applies.
• Method of payment, delivery, and performance of the agreement.
• The period for accepting the offer or the period during which the company guarantees the price.
• The rate for remote communication, if the costs of using the communication technology are calculated on a basis other than the normal basic rate for the means of communication used.
• Whether the contract will be archived after conclusion and, if so, how the consumer can consult it.
• How the consumer can check and, if desired, correct the information provided by him in connection with the contract before the contract is concluded.
• In which languages other than Danish (e.g., English) the contract can be concluded.
• The codes of conduct to which the company has subscribed and how the consumer can consult these codes electronically.
• The minimum duration of the distance contract in the case of a subscription contract.

Optional: available sizes, colors, material types.

The rate for remote communication, if the costs for using the communication technology are calculated on a basis other than the normal basic rate for the means of communication used.

Whether the agreement will be archived after conclusion and, if so, how the consumer can consult it.

How the consumer can check and, if desired, correct the information provided in connection with the agreement before the agreement is concluded.

In which languages other than American English (e.g., Dutch) the agreement can be concluded.

The codes of conduct to which the company subscribes and how the consumer can consult these codes electronically.

The minimum duration of the distance contract in the case of a subscription contract.

 

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment when the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the company shall immediately confirm receipt of the acceptance of the offer electronically. As long as this receipt has not been confirmed by the company, the consumer may cancel the agreement.

If the agreement is concluded electronically, the company shall take appropriate technical and organizational measures to ensure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the company shall take appropriate security measures.

The company may, within the limits of the law, investigate whether the consumer is able to meet their payment obligations and obtain information on all relevant circumstances for the responsible conclusion of the distance contract. If, on the basis of this investigation, the company has good reasons not to conclude the agreement, it is entitled to reject an order or request with justification or to impose special conditions for performance.

The company shall provide the consumer with the following information about the product or service, in writing or in such a way that it can be stored on an accessible durable medium:

• The visiting address of the company's department where consumers can submit complaints.

• The conditions and manner in which the consumer may exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded.

• Information about warranties and existing service after purchase.

• The information referred to in Article 4 (3) of these terms and conditions, unless the company has already provided this information to the consumer prior to the performance of the contract.

• The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a subscription agreement, the provision in the preceding paragraph applies only to the first delivery. Any agreement is entered into subject to the condition precedent that the products in question are sufficiently available.

 

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 30 days.

The withdrawal period begins the day after the consumer or a representative designated by the consumer and known to the company has received the product.

During the withdrawal period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep the product.

If the consumer exercises their right of withdrawal, the product must be returned to the company together with all accessories supplied and, as far as reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the company.
If the consumer wishes to exercise his right of withdrawal, he must notify the company within 30 days of receiving the product. The notification must be made in writing or by email.

After the consumer has notified the company that he wishes to exercise his right of withdrawal, the product must be returned within 30 days. The consumer must be able to prove that the product has been returned in a timely manner, for example by presenting a shipping confirmation.

If the consumer has not notified the company that they wish to exercise their right of withdrawal and/or has not returned the product to the company within the time limits specified in paragraphs 2 and 3, the purchase is considered final.

 

Article 7 – Costs of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the company will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This presupposes that the company has already received the product back or that there is clear documentation that the complete product has been returned.

 

Article 8 – Exemption from the right of withdrawal

The company may exempt certain products from the consumer's right of withdrawal as described in paragraphs 2 and 3. The exemption from the right of withdrawal only applies if the company has clearly stated this in the offer or at least in good time before the conclusion of the contract.

Exemption from the right of withdrawal is only possible for products:

• As manufactured by the company in accordance with the consumer's specifications.

• Which are clearly personal in nature.

• Which, due to their nature, cannot be returned.

• Which can quickly deteriorate or become obsolete.

• If the price depends on fluctuations in the financial market over which the company has no influence.

• For loose newspapers and magazines.

• For media, video recordings, and computer software whose seal has been broken by the consumer.

• For hygiene products whose seal has been broken by the consumer.

 

Article 9 – Price

During the period of validity specified in the offer, the prices of the products and/or services offered may not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the preceding paragraph, the company may offer products or services with variable prices if the prices are dependent on fluctuations in the financial market over which the company has no influence. This dependence on fluctuations and the fact that any prices quoted are only indicative prices will be stated in the offer.

Price increases within three months of the conclusion of the agreement are only permitted if they are due to legal provisions or regulations.

Price increases after three months from the conclusion of the agreement are only permitted if the company has reserved this right and:

• They are due to legal provisions or regulations.

• The consumer has the right to terminate the agreement with effect from the date on which the price increase takes effect.

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 company is not obliged to deliver the product at the incorrect price.

 

Article 10 – Conformity and warranty

The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the legal provisions and/or official requirements applicable at the time of the conclusion of the agreement. If agreed, the company also guarantees that the product is suitable for other than normal use.

A warranty given by the company, the manufacturer, or the importer does not affect the statutory rights and claims that the consumer can assert against the company on the basis of the agreement.

Any defects or incorrectly delivered products must be reported to the company in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The company's warranty period corresponds to the manufacturer's warranty period. However, the company is never responsible for the final suitability of the products for the individual consumer's use, 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 a third party.

• The delivered products have been exposed to abnormal conditions or have otherwise been treated irresponsibly or contrary to the company's instructions and/or treated contrary to the packaging.

• The defects are wholly or partly due to regulations laid down or to be laid down by the authorities concerning the nature or quality of the materials used.

 

Article 11 – Delivery and performance

The company will exercise the utmost care in receiving and executing orders for products.

Subject to the provisions of Article 4 of these general terms and conditions, the company will process accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery time.

If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer is entitled to cancel the agreement at no cost and to receive compensation if applicable.
In the event of cancellation in accordance with the previous paragraph, the company shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of an ordered item proves impossible, the company will endeavor to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered.

The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the company.

The risk of damage and/or loss of the products shall remain with the company until delivery to the consumer or a representative designated in advance and known to the company, unless otherwise expressly agreed.

 

Article 12 – Continuing transactions: duration, termination, and renewal

Termination
The consumer may terminate a contract concluded for an indefinite period and relating to the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate a contract concluded for a definite period and relating to the regular supply of products (including electricity) or services at any time, with effect from the end of the definite period, subject to the agreed termination rules and with a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

• terminate at any time and is not limited to termination at a specific time or within a specific period.

• terminate at least in the same manner as they were entered into by the consumer.

• always terminate with the same notice period that the company has set for itself.

Extension
An agreement concluded for a specific period and relating to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a specific period.

Notwithstanding the previous point, a contract concluded for a specific period and relating to the regular supply of daily, news, and weekly newspapers and magazines may be may be tacitly extended for a fixed period of up to three months, provided that the consumer may terminate this extended contract at the end of the extension period with a notice period of no more than one month.

A contract concluded for a definite period and relating to the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months in cases where the agreement concerns regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited-term agreement concerning regular delivery for trial or introduction of daily newspapers, news magazines, weekly magazines, and periodicals (trial or introductory subscription) shall not be tacitly extended and shall automatically terminate upon expiry of the trial or introductory period.

Duration
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 argue against termination before the expiry of the agreed duration.

 

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer shall be paid within seven working days after the start of the withdrawal period referred to in Article 6(1).

In the case of an agreement for the provision of a service, this period shall commence when the consumer has received confirmation of the agreement.

The consumer is obliged to notify the company immediately of any errors in the payment details provided or specified.

In the event of default of payment by the consumer, the company shall be entitled, subject to statutory restrictions, to charge reasonable costs, which shall be notified to the consumer in advance.

 

Article 14 – Complaints Board

Complaints about the performance of the agreement must be submitted in full and clearly described to the company within seven days after the consumer has discovered the defects.

Complaints received by the company will be answered within 14 days of the date of receipt.
If a complaint requires a longer processing time, the company will send an acknowledgment of receipt within 14 days, indicating when the consumer can expect a more detailed response.

If the complaint cannot be resolved amicably, a dispute arises that is covered by the dispute resolution scheme.

A complaint does not suspend the company's obligations unless the company states otherwise in writing.

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

 

Article 15 – Disputes

Agreements between the company and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
This applies even if the consumer resides abroad.