Terms and Conditions

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

Supplementary Agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the business or by a third party based on an agreement between that third party and the business;
Cooling-off period: the period during which the consumer may exercise his right of withdrawal;
Consumer: a natural person who is not acting for purposes related to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and delivered in digital form ;
Continuing Contract: an agreement for the regular supply of goods, services, and/or digital content over a specified period;
Durable medium: any medium—including email—that enables the consumer or business to store information addressed to them is addressed to them personally in a manner that allows for future consultation or use over a period appropriate to the purpose for which the information is intended, and that enables unaltered reproduction of the stored information;
Right of Withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Business Owner: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services at a distance to consumers;
Distance Contract: a contract concluded between the business and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
Model Withdrawal Form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be made available if the consumer does not have a right of withdrawal with respect to their order.;
Means of distance communication: a means that can be used to conclude a contract without the consumer and the business having to be physically present in the same location at the same time;

Article 2 - Identity of the Business

bol.com b.v.
, operating under the name(s): bol.com

Business and visiting address:
Papendorpseweg 100
3528 BJ Utrecht

Phone number in the Netherlands: 030 - 310 4999 (local rate)
Phone number in Belgium: 02 - 788 5999 (local rate)

Availability: 24 hours a day, 7 days a week
Email: rockwerchter@bol.com

Chamber of Commerce number: 32147382
VAT identification number (Netherlands): NL820471616B01
VAT identification number (Belgium): BE0824148721

If the business’s activities are subject to a relevant permit system: information about the regulatory authority;

If the business owner practices a regulated profession:

the professional association or organization to which he belongs ;
the professional title and the location within the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed .

Article 3 – Applicability

These terms and conditions apply to every offer made by the business and to every distance contract concluded between the business and the consumer.
Before the 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, the business shall, before the distance contract is concluded, indicate how the general terms and conditions may be viewed at the business’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.
If the distance contract is concluded electronically, notwithstanding 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
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 shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 - The Offer

If an offer is valid for a limited time or is subject to conditions, this will be explicitly stated in the offer .
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer . If the merchant uses images, these are a true representation of the products, services, and/or digital content offered. Obvious errors or obvious mistakes in the offer are not binding on the merchant .
Each offer must contain sufficient information to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
If the consumer has accepted the offer electronically, the business shall immediately confirm receipt of the acceptance of the offer electronically. As long as the business has not confirmed receipt of this acceptance, the consumer may rescind the contract.
If the agreement is concluded electronically, the business operator shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the business operator shall take appropriate security measures to that end.
Within the legal framework, the business may ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, business operator has good grounds, based on this investigation, not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
No later than upon delivery of the product, service, or digital content to the consumer, the business must provide the following information, either in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:

the business address of the entrepreneur’s location where the consumer can file a complaint;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing post-purchase service;
the price of the product, service, or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

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

Article 6 – Right of Withdrawal

For products:

The consumer may cancel a contract for the purchase of a product within a 30-day cooling-off period without giving any reason. The merchant may ask the consumer for the reason for the cancellation, but may not require the consumer to state the reason(s).
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The merchant may, provided that the merchant has clearly informed the consumer of this prior to the ordering process, refuse an order consisting of multiple products with different delivery times.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, receives the final shipment or the final part;
for contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a physical medium :

The consumer may cancel a service contract and a contract for the supply of digital content not provided on a tangible medium within 30 days without giving any reason. The business may ask the consumer for the reason for the cancellation, but may not require the consumer to state the reason(s).
The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content that are not delivered on a tangible medium if the consumer is not informed of the right of withdrawal:

If the business has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding paragraphs of this section.
If the business has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

Article 7 - Consumer Obligations During the Cooling-Off Period

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product in the same way as they would be permitted to do in a store.
The consumer is liable only for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted under paragraph 1.
The consumer is not liable for any loss in value of the product if the merchant failed to provide the consumer with all legally required information regarding the right of withdrawal before or at the time of entering into the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and related costs

If the consumer exercises their right of withdrawal, they must notify the business of this within the cooling-off period using the model withdrawal form or by other unambiguous means. The model form is included as Appendix I.
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the business or its representative. This is not required if the business has offered to pick up the product itself. The consumer is deemed to have complied with the return period in any case if he returns the product before the cooling-off period has expired.
The consumer must return the product with all accessories provided, in its original condition and packaging, if reasonably possible, and in accordance with the reasonable and clear instructions provided by the merchant.
The risk and the burden of proof regarding the proper and timely exercise of the right of withdrawal lie with the consumer.
The consumer is responsible for the direct costs of returning the product. If the merchant has not indicated that the consumer must bear these costs, or if the merchant states that they will cover the costs themselves, the consumer is not required to bear the costs of returning the product.
If the consumer withdraws after first having expressly requested that the performance of the service or the supply of gas, water, or electricity—which have not been prepared for sale in a limited volume or specific quantity—commence during the cooling-off period, the consumer owes the business an amount is proportional to that part of the obligation that has been fulfilled by the business operator at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer shall not bear any costs for the provision of services or the supply of water, gas, or electricity that have not been packaged for sale in a limited volume or quantity, or for the supply of district heating, if:

the business has failed to provide the consumer with the legally required information regarding the right of withdrawal, reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested the commencement of the provision of the service or supply of gas, water, electricity, or district heating during the cooling-off period.

The consumer shall not be charged for the full or partial delivery of digital content not supplied on a tangible medium if:

he has not expressly agreed, prior to delivery, to the commencement of performance of the contract before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal upon giving his consent; or
The business owner failed to confirm this statement from the consumer.

If the consumer exercises their right of withdrawal, all related agreements are automatically terminated.

Article 9 - Obligations of the Business in the Event of Cancellation

If the merchant allows the consumer to submit a notice of withdrawal electronically, the merchant must send a confirmation of receipt immediately upon receiving such notice.
The merchant shall refund all payments made by the consumer, including any delivery costs charged by the merchant for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the business of the cancellation. Unless the business offers to pick up the product itself, it may wait to refund the consumer until it has received the product or until the consumer proves that they have returned the product, whichever occurs first.
The merchant shall use the same payment method for the refund as the consumer used, unless this is impractical or the consumer agrees to a different method. The refund shall be free of charge to the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the merchant is not required to refund the additional costs associated with the more expensive method.

Article 10 - Exclusion of the Right of Withdrawal

The merchant may exclude the following products and services from the right of withdrawal, but only if the merchant has clearly stated this in the offer, or at least in a timely manner before the contract is concluded:

Products or services whose price is subject to fluctuations in the financial market over which the business has no control and which may occur within the cancellation period
Contracts concluded during a public auction. a public auction is defined as a method of sale in which products, digital content, and/or services are offered by the merchant to consumers who are physically present or are given the opportunity to be physically present at the auction, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:

performance has begun with the consumer’s express prior consent; and
the consumer has stated that he loses his right of withdrawal as soon as the business has fully performed the contract;

Service agreements for the provision of accommodation, where the agreement specifies a particular date or period of performance and other than for residential purposes, freight transport, car rental services, and catering;
Agreements relating to leisure activities, provided that the agreement specifies a particular date or period for their performance;
Products manufactured to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life ;
Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
Products that, by their very nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but which cannot be delivered until 30 days later, and whose actual value depends on market fluctuations over which the business has no control;
Sealed audio and video recordings and computer software, the seals of which have been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to these;
The supply of digital content other than on a physical medium, but only if:

performance has begun with the consumer’s express prior consent; and
The consumer has stated that by doing so, he forfeits his right of withdrawal .

Article 11 - The Price

During the validity period specified 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.
Notwithstanding the preceding paragraph, the merchant may offer products or services whose prices are subject to fluctuations in the financial market and over which the merchant has no control, at variable prices. This dependence on fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases effective three months after the conclusion of the agreement are permitted only if the business has stipulated this and:

are the result of legal regulations or provisions; or
the consumer has the right to terminate the contract effective as of the day the price increase takes effect.

The prices listed in the product or service offerings are inclusive of VAT.

Article 12 - Performance of the Agreement and Additional Warranty

The business warrants that the products and/or services comply with the agreement, the specifications set forth in the offer, reasonable requirements of quality and/or fitness for purpose, and the statutory provisions and/or government regulations in effect on the date the agreement was concluded. If agreed, the business also warrants that the product is suitable for purposes other than normal use. statutory provisions and/or government regulations in effect on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
When a consumer makes a warranty claim for defective, faulty, or non-conforming products purchased from the business, the business must comply with the warranty provisions that the consumer may invoke under the mandatory law of the Member State in which the business is established.
Any additional warranty provided by the merchant, its supplier, manufacturer, or importer shall in no way limit the statutory rights and claims that the consumer may assert against the merchant under the agreement if the merchant has failed to fulfill its obligations under the agreement.
“Extended warranty” means any commitment by the business, its supplier, importer, or manufacturer whereby the latter grants the consumer certain rights or remedies that go beyond what is legally required in the event that the business has failed to fulfill its obligations under the agreement.

Article 13 - Delivery and Performance

The business owner will exercise the utmost care when receiving and fulfilling orders for products and when evaluating requests for the provision of services.
The place of delivery is the address of the festival shop of the business at Rock Werchter 2026, which will take place from July 2 through July 5 on the grounds located at Haachtsesteenweg, 3118 Rotselaar, Belgium. The entrepreneur’s festival shop is located on the camping grounds of The Hive - Central Park and on the festival grounds of Rock Werchter.
Subject to the provisions of Article 4 of these general terms and conditions, the merchant will fulfill accepted orders with due diligence but no later than within 30 days, unless a different delivery period has been agreed upon. 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 that case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
Following termination in accordance with the preceding paragraph, the business shall promptly refund the amount paid by the consumer.
The risk of damage to and/or loss of products remains with the merchant until the moment of delivery to the consumer or to a representative designated in advance and notified to the merchant, unless expressly agreed otherwise.

Article 14 - Long-term contracts: term, termination, and renewal

Cancellation:

The consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules 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 not be limited to termination at a specific time or during a specific period;
at least terminate them in the same manner in which they were entered into by him;
must always give notice with the same notice period that the business owner has stipulated for himself.

Renewal:

A contract entered into for a fixed term that provides for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a contract entered into for a fixed term and which provides for the regular delivery of daily newspapers, news magazines, and periodicals may be tacitly renewed for a fixed term of up to three months, provided that the consumer may terminate this renewed contract toward the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months in the event that the agreement provides for the regular, but less than once-a-month, delivery of daily newspapers, news publications, weekly newspapers, and magazines.
A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines (trial or introductory subscription) is not automatically renewed and ends automatically upon the expiration of the trial or introductory period.

Duration:

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 reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 – Payment

Unless otherwise specified in the agreement or in additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer has received confirmation of the agreement.
The consumer is obligated to immediately notify the merchant of any inaccuracies in the payment details provided or listed.
If the consumer fails to meet their payment obligation(s) on time, they will receive a free reminder from the business. If the consumer does not pay within the specified payment period as stated in the first reminder, the consumer will be charged late payment interest, as provided for by the Act of August 2, 2002, on combating late payment in commercial transactions, as well as a fixed compensation as follows:

€20 if the outstanding balance is less than or equal to €150;
€30 plus 10% of the amount due in the bracket between €150.01 and €500 if the balance due is between €150.01 and €500;
€65 plus 5% of the amount due on the portion exceeding €500, up to a maximum of €2,000, if the outstanding balance exceeds €500.

The reminder fee for each additional reminder is €7.50, plus the postage costs in effect at the time of mailing.

Article 16 – Complaints Procedure

The business owner has a clearly publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints regarding the performance of the contract must be submitted to the business within a reasonable time after the consumer has discovered the defects, and must be fully and clearly described.
Complaints submitted to the business will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service, or the business’s customer service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint will then be sent to both the relevant merchant and Thuiswinkel.org.
The consumer must give the business at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between the business and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. However, the consumer (if applicable) may also invoke the mandatory consumer protection laws of the country in which he resides.
Disputes between the consumer and the business regarding the formation or performance of agreements relating to products and services to be supplied or supplied by this business, may, subject to the provisions below, be submitted to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague, by either the consumer as the business to the Thuiswinkel Dispute Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
The Dispute Resolution Committee will only consider a dispute if the consumer has first submitted the complaint to the business within a reasonable time.
If the complaint does not lead to a resolution, the dispute must be submitted to the Dispute Resolution Committee in writing or in another form to be determined by the Commission no later than 12 months after the date on which the consumer filed the complaint with the business.
If the consumer wishes to submit a dispute to the Dispute Resolution Committee, the business is bound by this decision. The consumer is encouraged to first notify the business of this.
If the business owner wishes to submit a dispute to the dispute resolution committee, the consumer must, within five weeks of written request to that effect, the consumer must indicate in writing whether he also wishes to do so or whether he wishes to have the dispute heard by the competent court. If the business owner does not receive the consumer’s choice within the five-week period, the business owner is entitled to submit the dispute to the competent court.
The Dispute Resolution Committee renders its decision in accordance with the terms and conditions set forth in the Dispute Resolution Committee’s rules (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Dispute Committee are issued in the form of binding advice.
The Dispute Committee will not hear a dispute or will discontinue proceedings if the business has been granted a stay of payments, has been declared bankrupt, or has effectively ceased its business operations before the committee has heard the dispute at a hearing and a final decision has been rendered.
If, in addition to the Thuiswinkel Dispute Committee, another recognized dispute committee affiliated with the Foundation for Consumer Disputes (SGC) or the Financial Services Complaints Institute (Kifid) , the Thuiswinkel Disputes Committee shall have preferential jurisdiction for disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with the SGC or Kifid shall have jurisdiction.

Article 18 – Industry Guarantee

Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to a court for review within two months of its issuance. This guarantee is reinstated if the binding recommendation remains in effect after review by the court and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding recommendation, this amount is paid by Thuiswinkel.org to the consumer. For amounts exceeding €10,000 per binding opinion, €10,000 will be paid out. For the excess amount, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding opinion.
For this guarantee to apply, the consumer must submit a written claim to Thuiswinkel.org and assign his claim against the merchant to Thuiswinkel.org. If the claim against the merchant exceeds €10,000, the consumer will be offered the option to assign the portion of the claim exceeding €10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, seek payment through legal proceedings to satisfy the consumer.

Article 19 - Additional or Deviating Provisions

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

Article 20 - Amendments to the Terms and Conditions

Changes to these terms and conditions will take effect only after they have been published in an appropriate manner, provided that, in the event of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.

Appendix I – Model withdrawal form

Model Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract)

To: bol.com B.V.

100 Papendorpseweg

3528 BJ Utrecht

Email: rockwerchter@bol.com

I/We* hereby notify you that I/we* are terminating our agreement regarding

the sale of the following products: [product description]*
the delivery of the following digital content: [description of digital content]*
the provision of the following service: [service description]*,

revoke/revoke*.

Ordered on*/received on* [order date for services or receipt date for products]

[Name of consumer(s)]

[Consumer(s)' address]

[Customer Number]

[Order Number]

[Article Title]

[Invoice Number]

[Consumer(s) signature(s)] (only if this form is submitted on paper)

* Cross out what does not apply or fill in what does apply.

Download the Model withdrawal form.