Terms and Conditions

General Terms and Conditions of the Webshop Quality Mark Foundation

These General Terms and Conditions of the Webshop Keurmerk Foundation have been drawn up in consultation with the Consumers' Association in the context of the Self-Regulation Consultation Coordination Group (CZ) of the Social-Economic Council and come into effect on June 1, 2014. These General Terms and Conditions will be used by all members of the Webshop Keurmerk Foundation, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

General Terms and Conditions of the Webshop Quality Mark Foundation

These General Terms and Conditions of the Webshop Keurmerk Foundation have been drawn up in consultation with the Consumers' Association in the context of the Coordination Group Self-regulation Consultation (CZ) of the Social-Economic Council and come into effect on June 1, 2014. These General Terms and Conditions will be used by all members of the Webshop Keurmerk Foundation, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

Table of contents:

Address of the Webshop Quality Mark Foundation:

Willemsparkweg 193, 1071 HA Amsterdam

Article 01 - Definitions

In these conditions the following terms apply:

Additional agreement

An agreement whereby 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 entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Reflection period

The period within which the consumer can exercise his right of withdrawal;

Consumer

The natural person who does not act for purposes relating to his trade, business, craft or profession;

Day

Calendar day;

Digital content

Data that is produced and delivered in digital form;

Continuation agreement

An agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;

Durable data carrier

Any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

Right of withdrawal

The option for the consumer to cancel the distance contract within the cooling-off period;

Entrepreneur

The natural or legal person who is a member of Stichting Webshop Keurmerk and products, (access to) digital content and/or offers remote services to consumers;

Distance agreement

An agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made until the conclusion of the agreement of one or more techniques for remote communication;

Model withdrawal form

The European model withdrawal form included in Appendix I of these conditions;

Technology for remote communication

A means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;

Article 02 - Identity of the entrepreneur

Islamitischekleding.nl; 's Gravenzandseweg 41 2291PE Wateringen
Tel: 0174 - 75 03 61 (Mon-Fri from 10am - 3pm)
Chamber of Commerce number: 86825151 VAT identification number: NL864100358B01
If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority;
If the entrepreneur practices a regulated profession:
  • The professional association or organization to which he is affiliated;
  • The professional title, the place in the EU or the European Economic Area where it was awarded;
  • A reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.

Article 03 - Applicability

  • These general terms and conditions apply applies to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  • Before the distance contract is closed, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
  • 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 can be made available to the consumer electronically in such a way that it can be easily read by the consumer. stored on a durable data carrier. 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 otherwise at the request of the consumer.
  • Just in case these general terms and conditions also apply to specific product or service conditionsare appropriate, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 04 - The offer

  • If an offer is a limited has a period of validity or is subject to conditions, this will be expressly stated in the offer.
  • The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer.

Article 05 - The Agreement

  • The agreement is concluded, under reservation of the provisions of paragraph 4, established at the time of acceptance by the consumer of the offer and compliance with the conditions set therein.
  • If the consumer accepts the offer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  • If the agreement is concluded electronically is achieved, the entrepreneur will 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 will take appropriate security measures.
  • The entrepreneur can enter legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  • The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    • The visiting address of the entrepreneur's branch where the consumer can go with complaints;
    • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • The infinformation about warranties and existing after-sales service;
    • The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
    • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    • If the consumer has a right of withdrawal, the model withdrawal form.
  • In case of a duration transaction the provision in the previous paragraph only applies to the first delivery.

Article 06 - Right of withdrawal

For products:

  • The consumer can conclude an agreement with regard to the purchase of a product during a cooling-off period of 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige him to state his reason(s).
  • The cooling-off period referred to in paragraph 1 commences 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 him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
    • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
    • For agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

     

     

Article 07 - Obligations of the consumer during the reflection period

  • During the reflection period, the consumers handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
  • The consumer is solely liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  • The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
  • If the consumer receives a product with a defect/defect, he or she must notify the entrepreneur by email, with images, within 48 hours of receipt. After assessment, the consumer will receive a return label from the entrepreneur if it is defect is not attributable to the consumer. In the event that the consumer decides to return the item at his own expense, these return costs will not be reimbursed by the entrepreneur.

Article 08 - Exercise of the right of withdrawal by the consumer and costs thereof

  • If the consumer uses of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  • As soon as possible, but Within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  • The consumer sends the product returned with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • The risk and the burden of proof the correct and timely exercise of the right of withdrawal lies with the consumer.
  • The consumer bears the direct costs of returning the product and not the entrepreneur.
If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 09 - Obligations of the entrepreneur in the event of withdrawal

  • If the entrepreneur submits the notification makes the consumer's withdrawal electronically possible, he will immediately send a confirmation of receipt after receiving this notification.
  • The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  • The entrepreneur uses for reimbursement the same payment method that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  • If the consumer has chosen for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur dit has clearly stated in the offer, at least in time before concluding the agreement:
  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
  • Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  • Service agreements, after full performance of the service, but only if:
    • The performance has begun with the express prior consent of the consumer; and
    • The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering; Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution; Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; Products that spoil quickly or have a limited shelf life; Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; Products that, by their nature, are irreversibly mixed with other products after delivery; Alcoholic drinks whose price was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence; Sealed audio, video recordings and computer software, of which the seal has been broken after delivery; Newspapers, periodicals or magazines, with the exception of subscriptions thereto; The supply of digital content other than on a tangible medium, but only if:
  • The performance has begun with the express prior consent of the consumer; and
  • The consumer has stated that he hereby loses his right of withdrawal.

Article 11 - The price

  • During the period specified in the offer stated validity period, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  • Notwithstanding the previous member, the entrepreneur can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence.This liability to fluctuations and the fact that any prices stated are target prices isstated in the offer.
  • Price increases within 3 months of the conclusion of the agreement is only permitted if they are the result of legal regulations or provisions.
  • Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • These are the result of legal regulations or provisions; or
    • The consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  • The range in The prices stated for products or services include VAT.

Article 12 - Compliance with agreement and additional warranty

  • The entrepreneur is faced with that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  • One by the entrepreneur, The additional warranty provided by his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  • Extra warranty is defined as any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

  • The entrepreneur will have the largest exercise due care when receiving and executing orders for products and when assessing applications for the provision of services.
  • Place of delivery applies the address that the consumer has made known to the entrepreneur.
  • With due regard to this stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  • After dissolutionIn accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  • The risk of damage and /or loss of products is the responsibility of the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension

Cancellation:

  • The consumer can conclude an agreement which has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, may be canceled at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
  • The consumer can conclude an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, may be canceled at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
  • The consumer can enter into the agreements referred to in the previous paragraphs:
    • Cancellation at any time and not limited to cancellation at a specific time or period;
    • At least cancel in the same manner as they were entered into by him;
    • Always cancel with the same notice period as the entrepreneur has agreed for himself.

Extension:

  • An agreement for a definite period entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.
  • Notwithstanding the previous member, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily newspapers and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer has terminated the extended agreement by the end of the extension. may cancel with a notice period of no more than one month.
  • An agreement that provides for certain has been entered into and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (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 a maximum of one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - 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 concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  • When selling products Consumers may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  • The consumer has a duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  • If the consumer does not meets his payment obligation(s), after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, statutory interest is owed on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 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 16 - Complaints procedure

  • The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure
  • Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  • A complaint about a product , service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the Webshop Keurmerk Foundation website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the entrepreneur in question and to the Webshop Keurmerk Foundation.
  • If the complaint is not received within a reasonable period or within 3 months of submitting the complaint by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

  • On agreements between the entrepreneur and the consumer to whom these general terms and conditions apply, only Dutch law applies.
  • Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur, can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
  • A dispute will be resolved by the Disputes committee will only deal with it if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
  • No later than three months after the a dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
  • When the consumer has a dispute wishes to submit to the Disputes Committee, the entrepreneur is bound to this choice. If the entrepreneur wishes to do this, the consumer must indicate in writing within five weeks of a written request made by the entrepreneur whether he wishes this or whether he wants the dispute to be dealt with by the competent court. If the entrepreneur does not learn of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
  • The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
  • The Disputes Committee will settle a dispute not to process or to discontinue treatment if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made.
  • If in addition to the Webshop Disputes Committee another recognized dispute committee or affiliated with the Stichting Dispute Committees for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably competent for disputes relating mainly to the method of distance sales or services. For all other disputes, the other recognized affiliated with SGC or Kifid dispute committee.

Article 18 - Industry Guarantee

  • Stichting Webshop Keurmerk guarantees for compliance with the binding advice of the Disputes Committee of the Webshop Keurmerk Foundation by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee is revived if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final and final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess, the Webshop Keurmerk Foundation has a best efforts obligation to ensure that the member complies with the binding advice.
  • For purposes of this warranty it is required that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur amounts to more than €10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization will make the payment in its own name and at its own expense. will legally demand this in order to satisfy the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier .

Article 20 - Changes to the general terms and conditions of Stichting Webshop Keurmerk

  • Stichting Webshop Keurmerk will general terms and conditions cannot be changed without consultation with the Consumers' Association.
  • Changes to these terms and conditions are only effective after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Appendix I: Model withdrawal form

Model withdrawal form (only complete and return this form if you want to withdraw from the agreement)
To:
  • [name of entrepreneur]
  • [entrepreneur's geographical address]
  • [entrepreneur's fax number, if available]
  • [email address or electronic address of entrepreneur]
I/We* hereby inform you that I/We* agree to our agreement regarding
  • The sale of the following products: [indication product]*
  • The delivery of the following digital content: [digital content designation]*
  • The operation of the following service: [service designation]*,
revoked / revoked *
Ordered on*/received on *
  • [date of order for services or receipt of products]
  • [Name of consumer(s) )]
  • [Address consumer(s) )]
  • [Signature of consumer(s) )] (only when this form is submitted on paper)
* Delete as appropriate or fill in as appropriate.
nl; 's Gravenzandseweg 41 2291PE Wateringen
Tel: 0174 - 75 03 61 (Mon-Fri from 10am - 3pm)
Chamber of Commerce number: 86825151 VAT identification number: NL864100358B01
If the activity of the entrepreneur is subject to a relevant licensing system: the details of the supervisory authority;
If the entrepreneur practices a regulated profession:
  • The professional association or organization to which he is affiliated;
  • The professional title, the place in the EU or the European Economic Area where it was awarded;
  • A reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.

Article 03 - Applicability

  • These general terms and conditions apply apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  • Before the distance contract is closed, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at 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 can be made available to the consumer electronically in such a way that it can be easily read by the consumer. stored on a durable data carrier. 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 otherwise at the request of the consumer.
  • Just in case In these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.

Article 04 - The offer

  • If an offer is a limited validity period or is subject to conditions, this will be expressly stated in the offer.
  • The offer includes a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  • Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 05 - The Agreement

  • The agreement is concluded, under reservation of the provisions of paragraph 4, is established at the time of acceptance by the consumer of the offer and compliance with the conditions set therein.
  • If the consumer accepts the offer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  • If the agreement is concluded electronically is achieved, the entrepreneur will 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 will take appropriate security measures.
  • The entrepreneur can enter legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  • The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    • The visiting address of the entrepreneur's branch where the consumer can go with complaints;
    • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • The information about warranties and existing after-sales service;
    • The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
    • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    • If the consumer has a right of withdrawal, the model withdrawal form.
  • In case of a duration transaction the provision in the previous paragraph only applies to the first delivery.

Article 06 - Right of withdrawal

For products:

  • The consumer can conclude an agreement with regard to the purchase of a product during a cooling-off period of 30 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).
  • The cooling-off period referred to in paragraph 1 commences 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 him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
    • If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
    • For agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

     

     

Article 07 - Obligations of the consumer during the reflection period

  • During the reflection period, the consumers handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
  • The consumer is solely liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  • The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
  • If the consumer receives a product with a defect/defect, he or she must notify the entrepreneur by email, with images, within 48 hours of receipt. After assessment, the consumer will receive a return label from the entrepreneur if the defect is not attributable to the consumer. In the event that the consumer decides to return the item at his own expense, these return costs will not be reimbursed by the entrepreneur.

Article 08 - Exercise of the right of withdrawal by the consumer and costs thereof

  • If the consumer uses of his right of withdrawal, he reports this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  • As soon as possible, but Within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  • The consumer sends the product returned with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • The risk and the burden of proof the correct and timely exercise of the right of withdrawal lies with the consumer.
  • The consumer bears the direct costs of returning the product and not the entrepreneur.
If the consumer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.

Article 09 - Obligations of the entrepreneur in the event of withdrawal

  • If the entrepreneur submits the notification makes withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receiving this notification.
  • The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  • The entrepreneur uses for reimbursement the same payment method that the consumer used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
  • If the consumer has chosen for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement:
  • Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
  • Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
  • Service agreements, after full performance of the service, but only if:
    • The performance has begun with the express prior consent of the consumer; and
    • The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering; Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution; Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; Products that spoil quickly or have a limited shelf life; Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery; Products that, by their nature, are irreversibly mixed with other products after delivery; Alcoholic drinks whose price was agreed upon when concluding the agreement, but delivery of which can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence; Sealed audio, video recordings and computer software, of which the seal has been broken after delivery; Newspapers, periodicals or magazines, with the exception of subscriptions thereto; The supply of digital content other than on a tangible medium, but only if:
  • The performance has begun with the express prior consent of the consumer; and
  • The consumer has stated that he hereby loses his right of withdrawal.

Article 11 - The price

  • During the period specified in the offer stated validity period, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  • Notwithstanding the previous member, the entrepreneur can offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  • Price increases within 3 months of the conclusion of the agreement is only permitted if it is the result of legal regulations or provisions.
  • Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • These are the result of legal regulations or provisions; or
    • The consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
  • The range in The prices stated for products or services include VAT.

Article 12 - Compliance with agreement and additional warranty

  • The entrepreneur is faced with that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  • One by the entrepreneur, The additional guarantee provided by his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  • Extra warranty is defined as any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

Article 13 - Delivery and execution

  • The entrepreneur will have the largest exercise possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  • Place of delivery applies the address that the consumer has made known to the entrepreneur.
  • With due regard to this stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. 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 he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  • After dissolution in accordance with the previous member will immediately reimburse the entrepreneur for the amount paid by the consumer.
  • The risk of damage and / or loss of products is the responsibility of the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension

Cancellation:

  • The consumer can conclude an agreement which has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, may be canceled at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
  • The consumer can conclude an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services, may be canceled at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
  • The consumer can enter into the agreements referred to in the previous paragraphs:
    • Cancellation at any time and not limited to cancellation at a specific time or period;
    • At least cancel in the same manner as they were entered into by him;
    • Always cancel with the same notice period as the entrepreneur has agreed for himself.

Extension:

  • An agreement for a definite period has been entered into and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period.
  • Notwithstanding the previous member, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily newspapers and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer has terminated the extended agreement by the end of the extension. may cancel with a notice period of no more than one month.
  • An agreement that provides for certain has been entered into and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • An agreement with a limited duration to the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (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 15 - 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 concluding the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  • When selling products Consumers may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  • The consumer has a duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  • If the consumer does not meets his payment obligation(s), after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after failure to pay within this 14-day period, statutory interest is owed on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the next €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 16 - Complaints procedure

  • The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure
  • Complaints about the implementation of The agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  • Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
  • A complaint about a product , service or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent to both the entrepreneur in question and to Stichting Webshop Keurmerk sent.
  • If the complaint is not received a reasonable period or within 3 months after submitting the complaint by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

  • On agreements between the entrepreneur and the consumer to whom these general terms and conditions apply, only Dutch law applies.
  • Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements relating to products and services to be delivered or delivered by this entrepreneur, can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
  • A dispute will be resolved by the Disputes committee will only deal with it if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
  • No later than three months after the a dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
  • When the consumer has a dispute wishes to submit to the Disputes Committee, the entrepreneur is bound to this choice. If the entrepreneur wishes to do this, the consumer must indicate in writing within five weeks of a written request made by the entrepreneur whether he wishes this or whether he wants the dispute to be dealt with by the competent court. If the entrepreneur does not learn of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
  • The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Disputes Committee are made by way of binding advice.
  • The Disputes Committee will settle a dispute not to process or to discontinue treatment if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been made.
  • If in addition to the Webshop Disputes Committee another recognized dispute committee or affiliated with the Stichting Dispute Committees for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably competent for disputes relating mainly to the method of distance sales or services. For all other disputes, the other recognized dispute committee affiliated with SGC or Kifid.

Article 18 - Industry Guarantee

  • Stichting Webshop Keurmerk guarantees for compliance with the binding advice of the Disputes Committee of the Webshop Keurmerk Foundation by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee is revived if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final and final. Up to a maximum amount of €10.000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10.000 per binding advice becomes €10.000 paid out. For the excess, Stichting Webshop Keurmerk has a best efforts obligation to ensure that the member complies with the binding advice.
  • For purposes of this warranty it is required that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting Webshop Keurmerk. If the claim against the entrepreneur amounts to more than €10.000, the consumer is offered his claim insofar as it exceeds the amount of €10.000,- to the Webshop Keurmerk Foundation, after which this organization will legally request payment thereof in its own name and costs to the consumer.

Article 19 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier .

Article 20 - Changes to the general terms and conditions of Stichting Webshop Keurmerk

  • Stichting Webshop Keurmerk will General terms and conditions may not be changed without consultation with the Consumers' Association.
  • Changes to these terms and conditions are only effective after they have been published in an appropriate manner, with the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Appendix I: Model withdrawal form

Model withdrawal form (only complete and return this form if you want to withdraw from the agreement)
To:
  • [name of entrepreneur]
  • [entrepreneur's geographical address]
  • [entrepreneur's fax number, if available]
  • [email address or electronic address of entrepreneur]
I/We* hereby inform you that I/We* agree to our agreement regarding
  • The sale of the following products: [product designation]*
  • The delivery of the following digital content: [digital content designation]*
  • The operation of the following service: [service designation]*,
revoked / revoked *
Ordered on*/received on *
  • [date of order for services or receipt of products]
  • [Name of consumer(s) )]
  • [Address consumer(s) )]
  • [Signature of consumer(s) )] (only when this form is submitted on paper)
* Delete as appropriate or fill in as appropriate.