GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (download the General Terms and Conditions as pdf) of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Consultation Coordination Group (CZ) of the Sociaal-Economische Raad and will come into force on 1 June 2014.
These General Terms and Conditions will be used by all members of Stichting Webshop Keurmerk 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.
Article 1 - Definitions
For the purposes of these terms and conditions:
- 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 operator or by a third party on the basis of an agreement between that third party and the operator;\
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Perpetual contract: an agreement for the regular delivery of goods, services and/or digital content during a certain period of time;
- Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that future consultation or use during a period tailored to the purpose for which the information is intended, and that unaltered reproduction of the stored information is possible;
- Right of withdrawal: the possibility for the consumer to waive 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 remote services to consumers;
- Distance contract: an agreement between the trader and the consumer concluded as part of an organized system for distance selling of products, digital content and / or services, up to and including the conclusion of the agreement exclusively or jointly use one or more means of distance communication;
- Model revocation form: the European model revocation form included in Annex I of these conditions;
- Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;
Article 2 - Identity of the entrepreneur
Entrepreneur's name (statutory name, possibly supplemented with trade name);
Visiting address, if different from the business address;
Telephone number and time(s) at which the entrepreneur can be reached by telephone;
E-mail address or other electronic means of communication offered to the consumer with the same functionality as e-mail;
Chamber of Commerce number;
VAT identification number;
If the entrepreneur's activity is subject to a relevant licensing system: the
Data on the supervisory authority;
If the entrepreneur exercises a regulated profession:
- the professional association or organization of which he is a member;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3 - Applicability
- These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the Entrepreneur before the distance contract is concluded, indicate how the General Terms and Conditions can be viewed by the Entrepreneur and that they will be sent to the Consumer free of charge as soon as possible at the Consumer's request.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically made available to the consumer in such a way that the consumer can easily be stored on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
- In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply accordingly and the consumer in case of conflicting conditions always rely on the applicable provision that is most favorable to him.
Article 4 – The Offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to enable a proper 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. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- If the consumer has accepted the offer electronically, the trader will 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 can dissolve the agreement.
- If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur may, within the limits of the law - to inform the consumer whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this investigation has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer in an accessible way can be stored on a durable medium:
a. the visiting address of the establishment of the entrepreneur to which the consumer can turn with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification concerning the exclusion of the right of withdrawal;
c. the information about guarantees and existing after-sales service;
d. the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
- The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but does not oblige the consumer to state his reason(s).
- The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has 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 a different delivery time.
- 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 the last part;in the case of agreements for regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product.
In the case of services and digital content that is not supplied on a material carrier:
- The consumer can terminate a service contract and a contract for the supply of digital content that is not supplied on a tangible medium for at least 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but does not oblige the consumer to state his reason(s).
- The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the contract.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium in the event of failure to inform about the right of withdrawal:
- If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article determined cooling-off period.
- If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer has received that information.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer will 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 starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer shall only be liable for any reduction in the value of the product resulting from a handling of the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period to the entrepreneur 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 returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of returning the product.
- If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity that are not made ready for sale in a limited volume or certain quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfilment of the commitment.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the trader has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
the consumer has not expressly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
- The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
- he has not expressly agreed to the commencement of the performance of the contract before the end of the cooling-off period;
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement of the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of revocation
- If the Entrepreneur's notification of withdrawal by the Consumer is made possible electronically, he shall send an acknowledgement of receipt without delay after receipt of this notification.
- The Entrepreneur shall reimburse all payments made by 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 until he has receaived the product or until the Consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur uses the same means of payment that the consumer has used for the refund, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader 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 for the conclusion of 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 revocation period
- Contracts concluded during a public auction. Under a public auction is understood 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 direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;
- Service agreements, after full execution of the service, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
- Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
- Leisure contracts, if the contract provides for a specific date or period of performance thereof;
- Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of the consumer's individual choice or decision, or which are clearly intended for a particular 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 whose seal has been broken after delivery;
- Products which, due to their nature, have been irrevocably mixed with other products after delivery;
- Alcoholic beverages of which the price was agreed upon when the agreement was concluded, but of which the delivery can only take place after 30 days, and of which the 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, magazines or journals, with the exception of subscriptions to these;
- The delivery of digital content other than on a material carrier, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the trader has stipulated and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized 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 12 - Fulfilment of agreement and additional guarantee
- The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An additional guarantee provided by the Entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the Consumer may assert against the Entrepreneur under the contract if the Entrepreneur has failed to fulfill his part of the contract.
- Additional warranty is understood to mean any commitment of the Entrepreneur, his supplier, importer or producer in which the Entrepreneur grants the Consumer certain rights or claims that go beyond what the Consumer is legally obligated to in the event that the Entrepreneur has failed in the performance of his part of the contract.
Article 13 - Delivery and execution
- The entrepreneur will take the utmost care in receiving and executing orders of products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- Subject to what is stated in article 4 of these terms and conditions, the entrepreneur accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.
- After dissolution in 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 rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative to the entrepreneur, unless otherwise expressly agreed.
Article 14 - Duration transactions: duration, termination and renewal
- The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
- The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce theagreed termination rules and a notice of up to one month.
- The consumer may terminate the agreements referred to in the previous paragraphs:
- terminate at all times and not be limited to termination at a specific time or in a specific period;
- at least terminate in the same way as they are entered into by him;
- always terminate with the same notice as the entrepreneur has stipulated for himself.
- A contract that is entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
- Contrary to the previous paragraph, a fixed-term contract that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer this extended agreement at the end of the extension may terminate with a notice of up to one month.
- A fixed-term contract that has been concluded for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice of up to one month. The notice period is up to three months if the agreement extends to the regular delivery of daily newspapers, news and weekly newspapers and magazines, but less than once a month.
- An agreement with a limited duration to the regular delivery of newspapers, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer after one year of the agreement at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed period.
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 cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required to pay more than 50% in advance in general terms and conditions. When advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
- The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
- If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has pointed out the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, after failing to pay within this 14-day period, the consumer will owe the statutory interest 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 can deviate from these 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 to the entrepreneur within a reasonable time after the consumer has discovered the defects, complete and clearly described.
- Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or service of the Entrepreneur can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
- If the complaint cannot be resolved in mutual consultation within a reasonable period of time or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute resolution procedure.
Article 17 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
- Disputes between the Consumer and the Entrepreneur regarding the conclusion or performance of contracts relating to products and services to be delivered or provided by this Entrepreneur can 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), subject to the provisions below.
- A dispute will only be dealt with by the Disputes Committee if the Consumer has first submitted his complaint to the Entrepreneur within a reasonable period of time.
- No later than twelve months after the dispute arose, the dispute must be submitted in writing to the Disputes Committee.
- If the consumer wants to submit a dispute to the Geschillencommissie, the entrepreneur is bound by this choice. If the entrepreneur wants to do so, the consumer within five weeks after a written request made by the entrepreneur, in writing to pronounce whether he so desires or wants the dispute to be dealt with by the competent court. If the trader does not hear the consumer's choice within the period of five weeks, then the trader is entitled to submit the dispute to the competent court.
- The Dispute Commission pronounces judgment under the conditions as laid down in the regulations of the Dispute Commission (http://www.degeschillencommissie.nl/over-ons/de-commissies/2701/webshop). The decisions of the Geschillencommissie are made by means of binding advice.
- The Geschillencommissie will not deal with a dispute or discontinue the treatment if the entrepreneur has been granted suspension of payment, is in a state of bankruptcy or has actually ceased his business activities, before a dispute has been dealt with by the committee at the session and a final verdict has been given.
- If, in addition to the Geschillencommissie Webshop, another recognized or affiliated dispute committee with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Stichting Webshop Keurmerk is preferably competent for disputes concerning primarily the method of distance selling or service provision. For all other disputes the other recognized arbitration board affiliated with SGC or Kifid.
Article 18 - Branch guarantee
- Stichting Webshop Keurmerk guarantees the compliance of its members with the binding advice of the Disputes Committee Stichting Webshop Keurmerk, unless the member decides to submit the binding advice to the court for review within two months after sending it. This guarantee revives, if the binding advice after review by the court has remained in force and the judgment which shows this has become final and conclusive. Up to a maximum amount of €10.000,- per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. If the amount exceeds €10,000 per binding advice, €10,000 will be paid out. For the excess, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice.
- For the application of this guarantee it is required that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to Stichting Webshop Keurmerk. If the claim on the Entrepreneur exceeds €10,000, the Consumer is offered to transfer his claim above the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization in its own name and at its own expense will request payment in court to satisfy the Consumer.
Article 19 - Additional or different provisions
Additional provisions or provisions deviating from these 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 - Amendment of the general terms and conditions Stichting Webshop Keurmerk
- Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the Consumers' Association.
- Amendments to these General Terms and Conditions will only be effective after they have been published in an appropriate manner, on the understanding that in the event of any applicable amendments during the term of an offer, the provision most favourable to the Consumer will prevail.