Terms and Conditions
Article 1 -
Article 2 - Your
Article 3 -
Article 4 - The
Article 5 - The
Article 6 - Right of
Article 7 - Consumer’s
obligations during the reflection period
Article 8 - Exercising
the Consumer’s right of withdrawal and the costs
Article 9 - Your
Choice’s obligation in case of withdrawal
Article 10 - Exclusion
of the right of withdrawal
Article 11 - The
Article 12 - Honouring
the contract and extra guarantee
Article 13 - Delivery
Article 14 - Continuing
performance contract: termination, renewal, duration.
Article 15 - Payment
Article 16 - Complaints
Article 17 - Disputes
Article 18 - Additional
or varying provisions
1 – Definitions
these Terms and Conditions, the following terms shall have the
an agreement in which the Consumer acquires products, digital
content and/or services with respect to a distance agreement and
these goods, digital content and/or services are delivered by the
Your Choice or a third party on the basis of an arrangement
between this third party and Your Choice;
the period during which the Consumer may use his right of
the natural person who does not act for purposes related to his/her
commercial, trade, craft or professional activities;
data produced and delivered in digital form;
a contract serving to deliver goods, services and/or digital
content in a given period;
any means, including email, that allow the Consumer or Your Choice
to store information directed to him/her personally in such a
manner that makes future consultation and use possible during a
period that matches the purpose for which the information is
destined and which makes unaltered reproduction of the stored
the Consumer’s option not to proceed with the distance agreement
within the cooling-off period;
provides products, (access to) digital
and or services to Consumers at a distance;
a contract concluded by Your Choice and the Consumer within the
scope of an organised system for distance selling products, digital
content and/or services, whereby exclusive or additional use is
made of one or more technologies of distance communication up to the
conclusion of the contract;
for distance communication:
a means to be used for concluding an agreement without the Consumer
and Your Choice being together in the same place at the same time.
2 – Your Choice’s identity
+31 206 204 209;
Or from United Kingdom:
0203 514 5624;
+31 20 638 9556;
Registration Number (KvK):
3 – Applicability
These General Terms and Conditions apply to any offer from Your
Choice and to any distance contract concluded by Your Choice and
Before concluding a distance contract, Your Choice shall make the
text of these General Terms and Conditions available free of charge
and as soon as possible. If this is reasonably impossible, Your
Choice shall indicate in what way the General Terms and conditions
can be inspected and that they will be sent free of charge if so
requested, before the distant contract is concluded.
If the distance contract is concluded electronically, the text of
these General Terms and Conditions, in deviation from the previous
section and before the distance contract is concluded, may also be
supplied to the Consumer electronically in such a way that the
Consumer can easily store it on a long- term data carrier. If this is
reasonably impossible, it will be specified where the General Terms
and Conditions can be viewed electronically and that they will be
sent to at the Consumer´s request free of charge, either via
electronic means or otherwise, before concluding the distance
In the event that specific product or service condition apply in
addition to these General Terms and Conditions, the second and third
paragraphs shall apply accordingly, and in the event of
contradictory terms and conditions, the Consumer may always appeal
to the applicable provision that is most favourable to him/her.
4 – The offer
If an offer is of limited duration or if certain conditions apply,
it shall be explicitly stated in the offer.
The offer contains a full and accurate description of the products,
digital content and/or services offered. The description is suitably
detailed to enable the Consumer to assess the products, or services
and/or digital content adequately. If Your Choice makes use of
pictures, they are truthful images of the products and/or services
provided. Obvious errors or mistakes in the offer do not bind Your
All offers contain such information that it is clear to the Consumer
what rights and obligations are attached to accepting the offer.
5 – The contract
Subject to the provisions in paragraph 4, the contract becomes valid
when the Consumer has accepted the offer and fulfilled the terms and
If the Consumer accepted the offer via electronic means, Your Choice
shall promptly confirm receipt of having accepted the offer via
electronic means. As long as the receipt of said acceptance has not
been confirmed, the Consumer may repudiate the contract.
If the contract is concluded electronically, Your Choice will take
appropriate technical and organisational security measures for the
electronic data transfer and ensure a safe web environment. If the
Consumer can pay electronically, Your Choice shall observe
appropriate security measures.
Your Choice may, within the limits of the law, gather information
about Consumer’s ability to fulfil his payment obligations, and
all facts and factors relevant to responsibly concluding the
distance contract. If, acting on the results of this investigation,
Your Choice has sound reasons for not concluding the contract, he is
lawfully entitled to refuse an order or request supported by
reasons, or to attach special terms to the implementation.
Before delivering the product, Your Choice shall send the following
information along with the product, the service or the digital
content in writing or in such manner that the Consumer can store it
in an accessible manner on a long-term data carrier:
visiting address of Your Choice´s business establishment where the
Consumer may get into contact with any complaints;
conditions on which and the manner in which the Consumer may
exercise the right of withdrawal, or, as the case may be, clear
information about his being exempted from the right of
c. the information corresponding to existing
after-sales services and guarantees;
d. The price including
all taxes of the product, service or digital content, where
applicable the delivery costs and the way of payment, delivery or
implementation of the distance contract;
the requirements for cancelling the contract if the contract has a
duration of more than one year or for an indefinite period of
the standard form for withdrawal if the Consumer has the right of
In case of a continuing performance contract, the stipulation in the
previous paragraph only applies to the first delivery.
6 – Right of withdrawal
case of products:
Consumer can repudiate a purchase contract for a product without
giving reasons for a period of reflection of 30 days. Your Choice
may ask the Consumer about the reason for the withdrawal but cannot
force him to state his reason(s).
reflection period referred to in sub-clause 1 starts on the day the
product is received by the Consumer or by a third party appointed
by him in advance and who is not the carrier, or
the Consumer ordered several products in the same order: the day on
which the Consumer or a third party appointed by him received the
last product. Your Choice may refuse an order of several products
with different delivery dates provided that he clearly informs
the Consumer prior to the order process.
case the delivery of a product consists of several batches or
parts: the day on which the Consumer or a third party appointed
by him received the last batch or the last part.
case of an agreement about regular delivery of products during a
given period: the day on which the Consumer or a third party
appointed by him received the first product.
case of services and digital content that is not delivered on a
Consumer can terminate an agreement for services or an agreement
for delivery of digital content that is not delivered on a physical
carrier without giving reasons during 30 days. Your Choice may ask
the Consumer about the reason for the withdrawal but cannot force
him to state his reason(s).
reflection period referred to in Article 3 starts on the day
following the conclusion of the agreement.
reflection period for products, services and digital content that has
not been delivered on a physical carrier in case no information is
given about the right of withdrawal:
Your Choice has not provided the Consumer with the legally required
information about the right of withdrawal or has not provided the
standard form for withdrawal, the reflection period expires twelve
months after the end of the original reflection period in
accordance with the reflection period determined in the previous
sub-clauses of this Article.
Your Choice provided the Consumer with the information referred to
in the previous article within twelve months after the starting day
of the original period of reflection, the period of reflection
expires 30 days after the day on which the Consumer received the
7 – Consumer’s obligations during the time of reflection
this period, the Consumer shall handle the product and the packaging
with care. The Consumer shall only unpack or use the product to the
extent necessary for establishing the nature, the characteristics
and the effect of the product. The guiding principle is that the
Consumer may only handle and inspect the product in the manner in
which one is allowed to handle a product in a shop.
the case of media on DVD or Blu-ray discs, Your Choice does not
revoke the right of withdrawal if the plastic wrapping or seal is
broken. You may use the reflection period to establish that DVD's or
Blu-ray discs function properly using standard, unmodified players.
However, it is recommended that the consumer does not unseal any DVD
received from the carrier that has come loose inside its case and
can audibly be heard rattling inside of the case. If this event, you
are advised to contact Your Choice immediately using the standard
form for withdrawal or any other means of communication provided.
the case of Adult Toys/Novelties, some include mechanical functions
including, but not limited to vibration, oscillation, or rotation.
As a courtesy, right of withdrawal remains valid for the customer to
reasonably test the device's functions. However, Your Choice revokes
any right of withdrawal after the device has been used in or around
any bodily orifice or has been exposed to any bodily fluids. Right
of withdrawal does not apply to the following products: lingerie,
stockings, underclothing, and personal lubricants.
Consumer is only liable for the decrease in value of the product
that is caused by the way of handling the product which went
further than allowed in sub-section 1.
Consumer is not liable for the decrease in value of the product if
Your Choice has not provided him with all legal information about
the right of withdrawal before concluding the Agreement.
8 – Exercising the Consumer’s right of withdrawal and the costs
the Consumer exercises his right of withdrawal he shall notify Your
Choice unambiguously with the standard form for withdrawal within
the period of reflection.
Consumer shall return the product or deliver it to (the authorized
representative of) Your Choice as soon as possible but within 14
days counting from the day following the notification referred to
in sub-clause 1. This need not be done if Your Choice offered to
collect the product himself. The Consumer observed the period of
returning the product in any event if the product is returned
before the expiration of the period of reflection.
Consumer shall return the product with all delivered accessories and
if reasonably possible in the original state and packing and in
conformity with reasonable and clear instructions given by Your
risk and the burden of proof for the correct and timely exercise of
the right of withdrawal fall on the Consumer.
Consumer shall bear the direct costs of returning the product.
However, Your Choice may elect to reimburse the Consumer such cost
by means of store credit.
The Consumer does not
bear any cost for the full or partial delivery of digital content
not stored on a physical carrier if
to the delivery, he has not explicitly consented to start
performance of the agreement before the end of the period of
did not acknowledge to lose his right of withdrawal when giving
Choice failed to confirm the Consumer’s statement.
If the Consumer exercises his right of withdrawal, all additional
agreements end by operation of law.
9 – Your Choice’s obligations in case of withdrawal
Your Choice makes the notification of withdrawal by electronic means
possible, he shall promptly send a return receipt.
Choice shall reimburse all payments made by the Consumer, including
any delivery costs, billed by Your Choice for the returned product,
as soon as possible but within 14 days following the day on which
the Consumer notified him of the withdrawal. Unless Your Choice
offers to collect the product himself, he can wait with paying back
Choice shall make use of the same means of payment that the
Consumer used, unless the Consumer consents to another method. The
reimbursement is free of charge for the Consumer.
the Consumer opted for a more expensive method of delivery instead
of the cheapest standard delivery, Your Choice need not reimburse
the additional costs for the more expensive method.
10 - Exclusion of the right of withdrawal
Choice can exclude the following products and services from the right
of withdrawal but only if Your Choice notified this clearly when
making the offer or at any rate in good time before concluding the
or services with a price that is subject to fluctuations in the
financial market on which Your Choice has no influence and which
may occur within the period of withdrawal;
that are concluded during a public auction. A public auction is
defined as a selling method whereby Your Choice offers products,
digital content and/or services to the Consumer who is personally
present or has the possibility to be personally present at the
auction under the direction of an auctioneer and whereby the
successful bidder is obliged to purchase the products, the digital
content and/or the services.
agreements, after full performance of the service, but only if
performance started with the Consumer’s explicit prior consent; and
Consumer stated that he will lose his right of withdrawal as soon as
Your Choice has fully performed the agreement.
related to leisure activities when a certain date or period of
performance is arranged in the agreement;
manufactured in accordance with the Consumer’s specifications
which are not prefabricated and which are produced on the basis of
a Consumer’s individual choice or decision or which are intended
for a specific person;
products or products with a limited durability.
products which are for health or hygiene reasons not suitable for
being returned and of which the seal was broken;
which for their nature are irreversibly mixed with other products;
periodicals or magazines, with the exception of subscriptions to
11 - The price
The prices of the products and/or services provided shall not be
raised during the validity period given in the offer, subject to
changes in price due to changes in VAT rates.
Contrary to the previous paragraph, Your Choice may offer products
or services whose prices are subject to fluctuations in the
financial market that are beyond Your Choice’s control, at
variable prices. The offer will state the possibility of being
subject to fluctuations and the fact that any indicated prices are
Price increases within 3 months after concluding the contract are
permitted only if they are the result of new legislation.
Price increases from 3 months after concluding the contract are
permitted only if Your Choice has stipulated it and
they are the result of legal regulations or stipulations, or
the Consumer has the authority to cancel the contract before the day
on which the price increase starts.
All prices indicated in the provision of products or services are
12 – Honouring the contract
and extra Guarantee
Your Choice guarantees that the products and/or services comply with
the contract, with the specifications listed in the offer, with
reasonable requirements of usability and/or reliability and with the
existing statutory provisions and/or government regulations on the
day the contract was concluded. If agreed, Your Choice also
guarantees that the product is suitable for other than normal use.
An extra guarantee offered by Your Choice, his Supplier,
Manufacturer or Importer shall never affect the rights and claims
the Consumer may exercise against Your Choice about a failure in the
fulfilment of Your Choice’s obligations if Your Choice has failed
in the fulfilment of his part of the agreement.
‘Extra guarantee’ is taken to mean each obligation by Your
Choice, his Supplier, Importer or Manufacturer in whom he assigns
certain rights or claims to the Consumer that go further than he is
legally required in case he fails in the compliance with his part
of the agreement.
13 – Delivery and execution
Your Choice shall exercise the best possible care when booking
orders and executing product orders and when assessing requests for
the provision of services.
The place of delivery is at the address given by the Consumer to
due observance of the stipulations in Article 4 of these General
Terms and Conditions, Your Choice shall execute accepted orders with
convenient speed but at least within 30 days, unless another
delivery period was agreed on. If the delivery has been delayed, or
if an order cannot be filled or can be filled only partially, the
Consumer shall be informed about this within one month after
ordering. In such cases, the Consumer is entitled to repudiate the
contract free of charge and with the right to possible compensation.
After repudiation in conformity with the preceding paragraph, the
Your Choice shall return the payment made by the Consumer promptly
but at least
within 30 days after repudiation.
The risk of loss and/or damage to products will be borne by Your
Choice until the time of delivery to the Consumer or a
representative appointed in advance and made known to the Consumer,
unless explicitly agreed otherwise.
14 – Continuing performance agreements: termination, renewal
The Consumer may at all times terminate a contract that was
concluded for an indefinite time and which extends to the regular
delivery of products or services, with due observance of the
termination rules and subject to not more than one month’s
2. The Consumer may at all times terminate a contract
that was concluded for a specific time and which extends to the
regular delivery of products (including electricity) or services at
the end of the specific period, with due observance of the
termination rules and a subject to not more than one month’s
3. The Consumer can cancel the agreements mentioned in
the preceding paragraphs:
- at any time and not be limited to
termination at a particular time or in a given period;
least in the same way as they were concluded by him;
- at all
times with the same notice as Your Choice stipulated for
An agreement concluded for a definite period which extends to the
regular delivery of products or services may not be automatically
extended or renewed for a fixed period.
5. Notwithstanding the
preceding paragraph, a contract for a definite period which extends
to the regular delivery of dailies, newspapers, weekly newspapers
and magazines, may tacitly be renewed for specific period of three
months at the most if the Consumer can terminate this extended
agreement towards the end of the extension with a notice of one
month at the most.
6. An agreement concluded for a definite
period and which extends to the regular delivery of products or
services may only be extended tacitly for an indefinite period if
the Consumer can cancel it at any time with a notice of one month.
The notice is three months at the most in vase the contract is about
a delivery of dailies, newspapers and weeklies and magazines
occurring regularly but less than once a month.
7. An agreement
with limited duration of regular delivery of trial dailies,
newspapers, weeklies and magazines (trial or introductory
subscription) is not renewed tacitly and ends automatically after
the trial or introductory period.
8. If the duration of
a contract is more than one year, the Consumer may terminate the
contract at any time after one year with a notice of not more than
one month, unless reasonableness and fairness resist the termination
before the end of the agreed term.
15 – Payment
Unless otherwise stipulated in the agreement or in the additional
conditions, the amounts to be paid by the Consumer must be settled
within 14 days after the period of reflection, or if there is no
period of reflection within 14 days after concluding the agreement.
In case of an agreement to provide a service, this period starts on
the day that the Consumer received the confirmation of the
When selling products to Consumers, it is not permitted to negotiate
an advance payment of more than 50% in the General Terms and
Conditions. If an advance payment was agreed, the Consumer may not
assert any right regarding the execution of the order in question or
the service(s) in question before making the agreed advance payment.
The Consumer has the duty to inform Your Choice promptly of possible
inaccuracies in the payment details that were given or specified.
In case the Consumer has not complied with his payment obligation(s)
in time, and Your Choice has pointed out to him that the payment was
late and allowed the Consumer a period of 14 days to comply with the
payment obligations, the Consumer is to pay the statutory interest
on the amount payable and Your Choice is entitled to charge the
Consumer with any extrajudicial collection costs. These
extrajudicial collection costs amount to no more than 15% for
outstanding amounts up to € 2,500, 10% for the following € 2,500
and 5% for the following € 5000, with a minimum of € 40. The
Your Choice may deviate from the aforementioned amounts and
percentages in favour of the Consumer.
16 – Complaints procedure
Your Choice shall have a sufficiently notified complaints procedure
in place, and shall handle the complaint in accordance with this
Complaints about the performance of the contract shall be submitted
fully and clearly described to Your Choice within a reasonable time
after the Consumer discovered the defects.
The complaints submitted to Your Choice shall be replied within a
period of 14 days after the date of receipt. Should a complaint
require a foreseeable longer time for handling, Your Choice shall
respond within 14 days with a notice of receipt and an indication
when the Consumer can expect a more detailed reply.
If the complaint cannot be solved in joint consultation within a
or within 3 months after submitting the complaint, there will be a
dispute that is open to the dispute settlement rules.
17 - Disputes
Contracts between Your Choice and the Consumer to which these
General Terms and Conditions apply, are exclusively governed by
18 - Additional provisions or derogations
provisions of and/or derogations from these General Terms and
Conditions should not be to the Consumer’s detriment and must be
put in writing or recorded in such a way that the Consumer can store
them in an accessible manner on a long-term data carrier.