General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following terms shall have the following meanings:
Reflection period: the period within which the consumer can make use of their right of withdrawal.
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession and enters into a distance contract with the entrepreneur.
Day: calendar day.
Long-term transaction: a distance contract relating to a series of products and/or services, for which the supply and/or purchase obligation is spread over time.
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Right of withdrawal
The consumer has the right to withdraw from the contract within a reflection period of 30 days without giving reasons. During the reflection period, the consumer shall handle the product and packaging with care.
If the consumer makes use of their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition, in accordance with reasonable instructions provided by the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and 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 will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then in deviation from the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, either electronically or in another way.
If specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the remainder, and the relevant provision shall be replaced in mutual consultation as soon as possible by a provision that approximates the intent of the original provision as closely as possible.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled 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 a proper assessment of the offer by the consumer.
If the entrepreneur uses images, they are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
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Any delivery costs;
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The manner in which the agreement will be concluded and what actions are required;
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Whether or not the right of withdrawal applies;
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The method of payment, delivery, and execution of the agreement;
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The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
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The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the communication method used;
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Whether the agreement will be archived after conclusion and, if so, in what way it can be consulted by the consumer;
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The way in which the consumer, before concluding the contract, can check the data provided by them in the context of the contract and, if desired, correct it;
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Any other languages in which the agreement can be concluded besides Dutch;
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The codes of conduct to which the entrepreneur has submitted and the way the consumer can consult these codes of conduct electronically;
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The minimum duration of the distance contract in case of a long-term transaction;
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Optional: available sizes, colors, types of materials.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur can, within legal frameworks, inform whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the implementation.
The entrepreneur shall send the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur’s business where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal upon delivery of products
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons for a period of 30 days. This reflection period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.
During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear at most the costs of return shipping.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been made to the consumer’s specifications by the entrepreneur;
b. that are clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has started with the consumer's explicit consent before the reflection period has expired;
c. concerning betting and lotteries.
Article 9 – The price
During the validity period mentioned in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
Article 10 – Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Article 11 – Delivery and execution
The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Taking into account what is stated in Article 4 of these terms and conditions, the entrepreneur shall execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer shall be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs.
In case of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made-known representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and renewal
Termination
The consumer may terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term agreement that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
– at any time and not be limited to termination at a specific time or during a specific period;
– at least in the same way as they were entered into by the consumer;
– always with the same notice period as the entrepreneur has stipulated for himself.
Extension
A fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
Notwithstanding the previous paragraph, a fixed-term agreement that has been concluded for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
A fixed-term agreement that has been concluded for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement is for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with limited duration for the regular delivery, by way of introduction, of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after 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 oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. If advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
If the consumer does not fulfill their payment obligation(s) on time, after being reminded by the entrepreneur and granted a 14-day period to still fulfill the payment obligations, and payment is still not made, the consumer owes statutory interest on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 14 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, a service, or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the Stichting Webshop Keurmerk website www.keurmerk.info. The complaint is then sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint has been submitted, a dispute arises that is subject to the dispute resolution procedure.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements with regard to products and services to be supplied or delivered by this entrepreneur can be submitted, with due observance of the provisions below, by both the consumer and the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form determined by the Committee, no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first notifies the entrepreneur.
If the entrepreneur wants to submit a dispute to the Disputes Committee, the consumer must state in writing within five weeks of a written request by the entrepreneur whether they also wish to do so or want the dispute handled by the competent court. If the entrepreneur is not informed of the consumer’s choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
The Disputes Committee makes its decision under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by means of a binding advice.
The Disputes Committee will not handle a dispute or will discontinue handling if the entrepreneur has been granted suspension of payment, has gone bankrupt, or has actually terminated his business activities before a dispute has been handled by the committee during the session and a final decision has been issued.
If in addition to the Webshop Disputes Committee another recognized or affiliated disputes committee with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Webshop Disputes Committee is preferably competent for disputes mainly related to the method of distance selling or service provision. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid is competent.