1.General Terms and Conditions
Last updated: May 2026
1. Scope of application
These General Terms and Conditions (“Terms“, “GTC“) govern the legal relationship between Dutch Trading Company B.V. (“DTC“, “Best-Poppers“, “we”, “us”, “our”), a private limited company incorporated under the laws of the Netherlands, with registered office at Beitel 110, 6422 PB Heerlen, the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under KvK number 82516480, operating the online shop www.best-poppers.eu, and the customer ordering goods through that online shop (hereinafter the “buyer“, “customer“, “you”, “your”).
The Terms of Best-Poppers apply exclusively. Any other or conflicting terms and conditions of the buyer are void and have no effect, unless we have expressly accepted them in writing.
For the purposes of these Terms, a consumer is a natural person who concludes a legal transaction for purposes which can predominantly be regarded as outside their trade, business, craft or profession, within the meaning of article 7:5 of the Dutch Civil Code (Burgerlijk Wetboek, “BW“) and Directive 2011/83/EU. All offers we make are subject to these Terms.
In order to use our website and make purchases in our online shop, you must have full legal capacity and be at least 18 years old. You confirm this unconditionally by using our website and by agreeing to these Terms when placing an order.
2. Offers and prices
The list prices valid on the date of the order are binding for pricing. All prices are inclusive of value added tax (VAT / BTW) at the applicable Dutch or destination-country rate, and exclusive of packaging and shipping costs unless stated otherwise. Best-Poppers reserves the right to change prices at any time, provided this does not affect orders already placed and accepted.
Use of vouchers in violation of their conditions. If you use a discount voucher or similar voucher without authorisation or in violation of its conditions, we may declare the contract invalid on the basis of the conditions described below. Unauthorised use may concern, in particular:
1. use of the voucher for goods for which it is not intended;
2. use of the voucher for a purchase that does not meet the minimum order value; or
3. the seller’s discovery that the voucher has already been redeemed.
Unless otherwise specified by the seller, individual vouchers cannot be combined. The conditions for marketing campaigns are governed by the event-specific conditions for each campaign.
3. Conclusion of contract
The information shown on our website constitutes product and price information only and is not a binding offer. After reviewing your shopping cart, entering your personal data and selecting the shipping and payment method, you place a binding order with the seller (Best-Poppers, operated by Dutch Trading Company B.V.) by clicking the “Buy” button.
The binding purchase contract is concluded when you receive the order confirmation sent by us to the e-mail address you provided, in which the processing of your order is confirmed (articles 6:217 and 6:227 BW). We will provide this confirmation, together with the essential contract information and these Terms, on a durable medium in accordance with article 6:230v BW.
The information shown on the invoice cannot be changed after the order has been placed.
4. Payment
The payment options currently offered are listed in the footer of our website. If you do not receive any goods, please contact us by e-mail. We will immediately check the dispatch of your goods and arrange a replacement delivery if necessary. Please do not issue an immediate chargeback against a direct debit, as this may result in unnecessary bank charges that can be avoided by contacting us first.
If for any reason you subsequently request a refund of the purchase price of the goods, the price will be refunded in the currency and for the amount stated on the invoice for those goods.
4.1. Chargeback fee
In the event of an unjustified chargeback initiated by a customer in respect of a payment to Best-Poppers, a chargeback fee of €15.00 will be charged, corresponding to the actual administrative and processing costs charged to us by our payment service provider. This fee is the reasonable compensation for the costs we incur as a direct result of the unjustified chargeback, in accordance with article 6:96 BW. This fee does not apply where the chargeback proves to be justified.
5. Delivery
Deliveries are made by post or parcel service. The ordered goods are delivered in solid, neutral packaging with a discreet return address. As a rule, products that are in stock are dispatched within 48 hours on working days.
Unless we have agreed a different delivery date with you, we will deliver the goods to you without undue delay and in any event within 30 days of the conclusion of the contract (article 7:19a BW). If we cannot meet that period, you may grant us a reasonable additional period or, where appropriate, cancel the contract.
We reserve the right to withdraw from the contract if the delivery cannot be made, cannot be made on time or cannot be made correctly because we ourselves have not been supplied on time or correctly, provided we are not responsible for the lack of availability of the goods. In that case, we will inform you without delay and refund any payment already made.
The goods are dispatched using the shipping service provider you select during the ordering process. On request, orders are dispatched with a tracking link; please use the services offered by the shipping provider you have chosen to follow your shipment.
6. Retention of title
The delivered goods remain our property until they have been paid for in full (article 3:92 BW).
7. Transfer of risk
If you are a consumer, the risk of accidental loss or accidental deterioration of the goods during dispatch passes to you only when the goods are handed over to you or to a third party — other than the carrier — designated by you (article 7:11 BW), irrespective of whether the dispatch is insured or uninsured.
If you are not a consumer (commercial buyer), delivery and dispatch are at your risk from the moment the goods are handed over to the carrier.
8. Right of cancellation (right of withdrawal)
This right of cancellation applies exclusively to consumers within the meaning of §1.
You have the right to cancel this contract within fourteen (14) days without giving any reason. The cancellation period expires fourteen days from the day on which you, or a third party other than the carrier indicated by you, acquires physical possession of the goods (article 6:230o BW). Where the order consists of multiple goods delivered separately, the period runs from the day you receive the last item.
To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of an unequivocal statement, for example by e-mail. You may use the model withdrawal form set out in the Annex to these Terms, but you are not obliged to do so.
The cancellation must be sent in English to the e-mail address below, stating “Cancellation: Your order number” in the subject line.
E-mail: info@best-poppers.eu
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired.
8.1. Conditions and consequences of cancellation
If you cancel the contract, we will reimburse all payments received from you, including the standard delivery costs (with the exception of supplementary costs if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen (14) days from the day on which we are informed of your decision to cancel the contract (article 6:230r BW).
We will use the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, no fees will be charged to you for the reimbursement. We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent the goods back, whichever is the earliest.
You must return the goods to us without undue delay, and in any event no later than fourteen (14) days from the day on which you communicate your cancellation to us. The deadline is met if you send the goods back before the period of fourteen days has expired.
The direct cost of returning the goods is borne by you, unless we have agreed otherwise.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning (article 6:230s(3) BW). We may deduct such diminished value from the reimbursement.
If gifts were enclosed with the consignment, you must return the gifts together with the goods within the same fourteen-day period.
Our warehouse will not accept COD (cash-on-delivery) shipments.
8.2. Exclusion of the right of cancellation
In accordance with article 6:230p BW, the right of cancellation does not apply to, in particular:
sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery — including but not limited to sex toys, lubricants, condoms and underwear;
goods which are, by their nature, inseparably mixed with other items after delivery;
sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
goods made to the consumer’s specifications or clearly personalised;
goods which are liable to deteriorate or expire rapidly.
8.3. Cancellation of the contract by the seller
We reserve the right to cancel the contract, in particular in the event of: obviously incorrect pricing of the goods (where the price is so far below the market value that the buyer could reasonably have recognised the error); unavailability of the goods; or where the goods have been ordered by a person under the age of 18.
In such cases, we may cancel the order and notify the buyer in writing by e-mail. If the purchase price has already been paid, the buyer will be refunded within fourteen days of the cancellation of the contract by the seller using the same payment method.
9. Warranty / Returns / Complaints / Exchanges
Despite all care, damage may occur during transport. In that case we will of course refund or replace the damaged items free of charge. If you wish to return goods, please inform us in advance by e-mail. Please note that the right of cancellation cannot be exercised in the cases listed in §8.2.
Statutory conformity. Under articles 7:17 and 7:18 BW, the goods we deliver must conform to the contract — they must have the qualities you may reasonably expect for normal use, taking into account the nature of the goods and any statements made by us. Any lack of conformity that becomes apparent within twelve (12) months of delivery is presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the lack of conformity (article 7:18(2) BW).
Notification of defects. Obvious defects must be documented and reported to us immediately on receipt of the consignment. Hidden defects must be reported within a reasonable time after they have been discovered, or could reasonably have been discovered, and in any event within two (2) months of such discovery (article 7:23 BW).
Remedies for non-conformity. In the event of non-conformity, the consumer is entitled, in accordance with articles 7:21 and 7:22 BW, to: (i) repair or replacement of the goods; or (ii) where repair or replacement is impossible, disproportionate or has failed, a proportionate reduction of the purchase price or rescission of the contract.
Minor deviations in quality that are common in the industry and technically unavoidable, as well as defects attributable to improper handling by the buyer, do not give rise to any claims.
Best-Poppers does not guarantee the merchantability or suitability of the goods offered for any specific purpose beyond the statutory conformity obligation set out above.
Limitation of liability. To the extent permitted by Dutch law, our liability for indirect, consequential or incidental damage is excluded. Nothing in these Terms limits or excludes our liability for damage caused by intent or gross negligence on our part, for death or personal injury, or any other liability which cannot be excluded or limited by mandatory Dutch law (article 6:248 BW).
Sex toys, lubricants, condoms and underwear cannot be exchanged for hygienic reasons, in accordance with §8.2. All other products must be returned in their original packaging, unopened and undamaged.
10. Data protection
Best-Poppers (Dutch Trading Company B.V.) processes the customer’s personal data in strict confidence and in accordance with EU Regulation 2016/679 (GDPR), the Dutch GDPR Implementation Act (UAVG) and the Dutch Telecommunications Act (Telecommunicatiewet). Further information can be found in our Privacy Policy, available on our website.
As a buyer, you are obliged to protect your access data to the customer account (in particular passwords) and not to disclose them to third parties. Best-Poppers is not liable for the misuse of your login credentials by other persons, save where the misuse is attributable to a fault on our part. You may not use the account, user name or password of another customer.
11. Disclaimer for external links
The seller refers on its pages, by way of links, to other pages on the internet. The following applies to all these links: the seller expressly declares that it has no influence on the design or content of the linked pages. The seller therefore expressly distances itself from the contents of all linked third-party sites and does not adopt these contents as its own. This declaration applies to all displayed links and to all content of the pages to which the links lead.
12. Applicable law / jurisdiction / agreement on written form
These Terms and all legal relations between Best-Poppers (Dutch Trading Company B.V.) and the buyer are governed by the laws of the Netherlands, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers habitually resident in another Member State of the European Union, this choice of law does not deprive them of the protection afforded to them by mandatory provisions of the consumer-protection law of their country of habitual residence (article 6 of Regulation (EC) No 593/2008 — Rome I).
The place of performance for all services arising from the business relationship with the seller is the registered office of Best-Poppers (Dutch Trading Company B.V.) in Heerlen. Subject to mandatory rules on the jurisdiction of consumer courts (articles 17–19 of Regulation (EU) No 1215/2012 — Brussels I bis), the exclusive court of competent jurisdiction is Rechtbank Limburg, locatie Maastricht.
All ancillary arrangements or amendments at the conclusion of the contract must be in writing.
13. Severability clause
The invalidity or unenforceability of individual provisions of these Terms does not affect the validity of the remaining provisions. Any invalid or unenforceable provision shall be deemed replaced by the statutory provision that comes closest to the economic purpose of the original provision (conversie, article 3:42 BW).
14. Warning
The seller expressly points out that all goods supplied may only be used as intended and that any special instructions for use provided in the instruction leaflet must be followed in order to avoid life or health risks. Any unauthorised changes to the goods, or any improper or inappropriate use of the goods, may lead to an increased life or health danger.
The seller’s products may only be used and applied with the consent of the persons using them and not against the will of any person.
The passing on of any items supplied by the seller to minors (persons under the age of 18) is not permitted. All items have been thoroughly checked for safety aspects, but use of the products is at the user’s own risk. In particular, the seller accepts no responsibility for physical injury, health damage or any other damage caused by improper use.
15. Language versions
Only the version in English is considered to be the legally binding version. The other language versions are for information purposes only.
Annex — Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Dutch Trading Company B.V., Beitel 110, 6422 PB Heerlen, the Netherlands — e-mail: info@best-poppers.eu
I/We (\) hereby give notice that I/We (\) withdraw from my/our (\) contract of sale of the following goods (\) / for the supply of the following service (\*):
Ordered on (\) / received on (\):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(\) Delete as appropriate.*
