These General terms and Conditions of Stichting Webshop Mark are drawn up in consultation with the Dutch Consumers ' association within the framework of the Self-Regulation consultation (CZ) of the Social-Economic Council and act into force on 1 June 2014.
These Terms 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 provided these services under the supervision of the netherlands Authority for the Financial Markets.
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right Of Withdrawal
Article 7 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the cost thereof
Article 9 - Obligations of the trader in case of withdrawal
Article 10 - Exclusion of right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Extended duration transactions: duration, termination and renewal
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Branch Guarantee
Article 19 - Additional or varying provisions
Article 20 - Amendments of the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions is understood under:
- Additional agreement: an agreement whereby the consumer products, digital content and/or services acquired in connection with a distance contract and these goods, digital content and/or services by the company shall be delivered to or by a third party on the basis of an arrangement between that third party and the entrepreneur;
- Withdrawal period: the period within which the consumer may use his right of withdrawal;
- Consumer:the natural person not acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data that is in digital form, produced and supplied;
- Continuing performance contract: a contract that extends to the regular delivery of goods, services and/or digital content for a certain period of time;
- Sustainable data carrier: any tool – including e-mail – that the consumer or business that enables information to him personally is directed to store in a way that future consultation or use for a period that is tailored to the purpose for which the information is intended and that the unchanged reproduction of the stored information possible;
- Right of withdrawal: the ability of the consumer to within the cooling-off period of the distance contract;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and products, (access to) digital content and/or services to consumers from a distance;
- Distance contract: a contract between the entrepreneur and the consumer concluded in the framework of an organised system for distance selling products, digital content and/or services, up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
- Model withdrawal form: in Annex I to these conditions included European model withdrawal form;
- Technique for distance communication: means that can be used for concluding an contract, without the consumer and trader being in the same room have to be met;
Article 2 – Identity of the entrepreneur
Name of entrepreneur:
8502 TM Joure
Tel. +31(0)58 288 3944
Chamber of commerce number: 01141746
VAT-identification number: NL8202.30.479 B01
If the activity of the entrepreneur is subject to a relevant licensing system: the
information about the supervising authority;
If the entrepreneur practises a regulated profession:
- the professional association or organization with which he is connected;
- the professional title, the place in the EU or the eea where it is awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules accessible.
Article 3 – Applicability
- These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the trader before the agreement on distance is closed, indicate how the general conditions for the entrepreneur to see and at the request of the consumer as soon as possible be sent free of charge.
- If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions electronically can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
- For the case that besides these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for him most favorable.
Article 4 – The offer
- If an offer has limited validity or is made subject to conditions, this will be explicitly mentioned 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 a proper assessment of the offer by the consumer as possible. If the entrepreneur uses images, these are a truthful representation of the offered 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 clear to the consumer what rights and obligations, to the acceptance of the offer are attached.
Article 5 – The contract
- The agreement is subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and meet the corresponding conditions.
- If the consumer accepts the offer electronically accepted, the entrepreneur will immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational security measures for the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
- The entrepreneur can within the law – inform or the consumer can meet the payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the operator under this investigation was justified to the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
- The entrepreneur will at the latest on delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
a. the address of the establishment of the entrepreneur where the consumer can lodge complaints;
b. the conditions under which and the manner in which the consumer of the withdrawal right can be exercised, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. 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 implementing the distance contract;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
- In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 – Right Of Withdrawal
- The consumer may contract with respect to the purchase of a product during a cooling-off period of a minimum of 14 days without giving any reason terminate. The entrepreneur may ask the consumer for the reason of withdrawal, but not to stating his reason(s) require.
- Referred to in paragraph 1 cooling-off period commences on the day after the consumer or a previously designated by the consumer third party who is not the carrier, receives the product, or:
- if the consumer is in the same order, have ordered several different products: the day on which the consumer or a designated third party, the latter product has received. The operator may, provided he is a consumer prior to the ordering process in a clear way, has informed, an order of multiple products with different delivery time refuse.
- if the delivery of a product consists of several consignments or parts: the day on which the consumer or a designated third party, the last shipment or the last item has received;
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer or a designated third party, the first product has received.
For services and digital content not on a tangible medium is provided:
- The consumer can make a service contract and a contract for the supply of digital content not on a tangible medium is provided for a minimum of 14 days without giving any reason terminate. The entrepreneur may ask the consumer for the reason of withdrawal, but not to stating his reason(s) require.
- The referred to in paragraph 3 cooling-off period commences on the day following the conclusion of the contract.
Extended reflection period for products, services and digital content not on a tangible medium is provided with not inform about right of withdrawal:
- If the entrepreneur, the consumer, the legally obligatory information about the right of withdrawal or the model withdrawal form is not provided, the cooling-off period of twelve months after the end of the original, in accordance with the preceding paragraphs of this article shall reflection.
- If the entrepreneur in the preceding paragraph referred to information provided to the consumer within twelve months after the effective date of the original withdrawal period, the expiry of the cooling-off period of 14 days after the day on which the consumer has received information.
Article 7 – Obligations of the consumer during the cooling-off period
- During this period the consumer will treat the product and packaging. He will be the product only unpack or use, to the extent that is necessary to the nature, characteristics and functioning of the product. The assumption is that the consumer, the product may only handle and inspect as he is in a shop would be allowed to do.
- The consumer is only liable for diminished value of the product that is the result of a way of dealing with the product beyond permitted in paragraph 1.
- The consumer is not liable for depreciation of the product if the entrepreneur him not before or at the conclusion of the contract all legally mandatory information about the right of withdrawal has been provided.
Article 8 – Exercise of the right of withdrawal by the consumer and the cost thereof
- If the consumer exercises his right of withdrawal, he will report this within the cooling off period by means of the model withdrawal form or any other unequivocal manner to the entrepreneur.
- As soon as possible, but within 14 days from the day following the date referred to in paragraph 1 notification, the consumer shall send the product back, or he hands it to (a representative of) the entrepreneur. This does not if the entrepreneur has offered the product to collect. The consumer has the terugzendtermijn in any case taken into account if the product returned before the period has expired.
- The consumer shall send the product back with all accessories, if reasonably possible in original condition and packaging, and according to the by the entrepreneur provided reasonable and clear instructions.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer must bear the direct cost of returning the product. If the entrepreneur has not reported that the consumer is bearing these costs or if the contractor indicates the cost to contribute to, the consumer, the costs for return not to wear.
- If the consumer withdraws after first explicitly requested that the operation of the service or the supply of gas, water or electricity not put up for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer is the entrepreneur an amount that is proportional to that part of the commitment by the trader has fulfilled at the moment of withdrawal, in comparison with the full performance of the obligation.
- The consumer bears no cost for the performance of services or the supply of water, gas or electricity not put up for sale in a limited volume or set quantity, or for the delivery of district heating, if:
- the entrepreneur, the consumer, the legally obligatory information about the right of withdrawal, the allowance for revocation or the model withdrawal form has not supplied, or;
- the consumer does not express to the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection period has been requested.
- The consumer bears no cost for the full or partial delivery of not on a tangible medium supplied digital content, if:
- prior to the delivery thereof has not expressly agreed to the start of the fulfillment of the agreement before the end of the cooling off period;
- he has not acknowledged lose his right of withdrawal when giving his consent; or
- the trader has omitted this statement from the consumer to confirm.
- If the consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
Article 9 – Obligations of the trader in case of withdrawal
- If the seller of the notification of withdrawal by the consumer electronically possible, he sends after receipt of this notification, without delay, a confirmation of receipt.
- The entrepreneur shall reimburse all payments received from the consumer, including any delivery charges by the trader charged for the returned product, without delay but within 14 days following the day on which the consumer him the revocation report. Unless the trader offers the product to collect, he may wait to refund until he receives the product or until the consumer proves that the product has not returned, according to whichever time is earlier.
- The operator used for the repayment the same means of payment that the consumer used, unless the consumer consents to another method. The reimbursement is free of charge for the consumer.
- If the consumer selected a more expensive method of delivery than the cheapest standard delivery, the entrepreneur, the additional cost for the more expensive method does not have to pay it back.
Article 10 – Exclusion of right of withdrawal
The entrepreneur can the following products and services exclude the right of withdrawal, but only if the trader clearly in the offer, at least in time for the conclusion of the agreement, stated:
- Products or services whose price depends on fluctuations in the financial market which the entrepreneur has no influence and that occur within the withdrawal period may occur
- Agreements that are concluded during a public auction. Under a public auction means a method of sale where products, digital content and/or services by the company shall be offered to the consumer who attends or is given the possibility to attend the auction in person, under the direction of an auctioneer and whereby the successful bidder is bound to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
- the implementation started with the explicit prior consent of the consumer; and
- the consumer has stated that he exercised his right of withdrawal loses as soon as the entrepreneur, the agreement has been fully implemented;
- Service contracts for provision of accommodation, if in the agreement a specific date or period of implementation is provided and other than for residential purposes, transport of goods, car rental services and catering;
- Agreements related to leisure activities, if in the agreement a specific date or period of implementation;
- According to the consumer's specifications manufactured products, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer or that are clearly for a specific person is intended;
- Products that spoil quickly or have a limited shelf life;
- Sealed products for reasons of health protection or hygiene are not suitable to be returned and which the seal after delivery, it is broken;
- Products after delivery by their nature, been inseparably mixed with other products;
- Alcoholic drinks whose price was agreed when concluding the contract, the delivery of which can only take place after 30 days and whose actual value depends on fluctuations of the market on which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software whose seal after delivery, it is broken;
- Newspapers, periodicals or magazines, except for subscriptions to this;
- The delivery of digital content other than on a tangible medium, but only if:
- the implementation started with the explicit prior consent of the consumer; and
- the consumer has declared that he is to the right of withdrawal loses.
Article 11 – The price
- During the period mentioned in the offer, the prices of the offered products and/or services have not increased, except price changes resulting from changes in vat rates.
- In derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any indicated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
- Price increases from 3 months after concluding the contract are permitted only if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the increase takes effect.
- In the offer of products or services mentioned prices include vat.
Article 12 – Compliance agreement and extended warranty
- The trader guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and on 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.
- A by the entrepreneur, his supplier, manufacturer or importer as a guarantee limited never the legal rights and claims which the consumer under the contract against the trader may assert if the entrepreneur has failed in the fulfilment of his part of the contract.
- Under additional warranty means any undertaking by the trader, its supplier, importer or producer which these to the consumer certain rights or claims assigned to go further than that this is legally required in case he has failed in the fulfilment of his part of the contract.
Article 13 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
- If place of delivery is the address that the consumer to the trader has stated.
- With regard to what is stated in article 4 of these general terms and conditions is mentioned, the company will implement accepted orders expeditiously but within 30 days, unless another delivery period was agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer receives them no later than 30 days after he has placed the order message. The consumer has the right to terminate the agreement without costs to dissolve and be entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without undue delay refund.
- The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 14 – Extended duration transactions: duration, termination and renewal
- The consumer may contract for indefinite and that extends to the regular delivery of products (including electricity) or services terminate at any time with due observance of the agreed termination rules and a notice not exceeding one month.
- The consumer may contract for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce with due observance of the agreed termination rules and a notice not exceeding one month.
- The consumer in the previous paragraphs agreements:
- cancel at any time and not be limited to termination at a particular time or in a certain period of time;
- at least cancel the same way as they are entered into by him;
- always terminate with the same notice as the entrepreneur himself has stipulated.
- A contract for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
- Notwithstanding the preceding paragraph, a contract for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a fixed period of up to three months, as consumers this extended agreement against the end of the extension may terminate with notice not exceeding one month.
- A contract for a definite period and which extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period may be extended if the consumer may terminate with a notice period of one month. The period of notice not exceeding three months in case the agreement extends to the regular, but less than once a month, delivering daily, news and weekly newspapers and magazines.
- A contract with limited duration to the regular delivery of day, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
- If a contract has a duration of more than a year, the consumer after a year the agreement at any time with a notice period of up to one month prematurely, unless the reasonableness and fairness against termination before the end of the agreed term resist.
Article 15 – Payment
- To the extent not otherwise provided in the agreement or additional conditions, by the consumer amounts to 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 contract. In the case of a contract to provide a service, this period commences on the day after the consumer confirmation of the contract.
- With the sale of products to consumers consumers in terms never be required to advance payment of more than 50%. When advance payment is stipulated, the consumer may not assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
- The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the entrepreneur.
- If the consumer fails to meet his payment obligation(s) meets, this after he by the operator is noted on the late payment and the entrepreneur consumer a period of 14 days has been awarded to perform its payment obligations to meet, after the absence of payment within this 14-day period, over the amount still owed owe the legal interest and the entrepreneur is entitled the extrajudicial collection costs. 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 in favour of the consumer differ from the aforementioned amounts and percentages.
Article 16 – Complaints Procedure
- The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint according to this complaints procedure.
- Complaints about the execution of the agreement within a reasonable time after the consumer has found the defects, fully and clearly described and submitted to the entrepreneur.
- When the trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, the entrepreneur will within the period of 14 days responded with a message of receipt and an indication when the consumer a more detailed answer can expect.
- A complaint about a product, a service or the trader's service 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 is then both to the entrepreneur in question and to Stichting Webshop Keurmerk.
- If the complaint is not made within a reasonable time or within 3 months after the filing of the complaint in mutual consultation cannot be solved a dispute that is subject to dispute.
Article 17 – Disputes
- On agreements between the entrepreneur and the consumer which these general conditions relate, is exclusively Dutch law applicable.
- Disputes between the consumer and the entrepreneur about the realization or execution of agreements relating to this entrepreneur delivered or delivered products and services, may, subject to the provisions below, both the consumer and the entrepreneur will be submitted to the Geschillencommissie Webshop, Postbus 90600, 2509 LP the Hague (Den haagwww.sgc.nl).
- A dispute by the disputes committee only considered if the consumer first put his complaint, without delay, to the trader.
- No later than twelve months after the dispute arose, the dispute in writing to the disputes committee to be made.
- When the consumer wants to submit a dispute to the disputes committee, the entrepreneur is bound by this choice. When the entrepreneur that wants to do, will the consumer within five weeks after a request by the contractor in writing request, submit in writing to speak if he so desires or the dispute will be dealt with by the competent court. The entrepreneur learns the consumer choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- The arbitration committee's 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 Geschillencommissie is a binding advice.
- The disputes committee will not handle a dispute or will discontinue handling it if the entrepreneur moratorium is granted, the state of the bankrupt or its business has actually terminated, before a dispute by the commission in the session and rendered a final ruling.
- If, in addition to the disputes committee Webshop another recognized or the Foundation for Consumer affairs (SGC) or the Klachteninstituut financiële Dienstverlening (Kifid) disputes committee is competent for disputes relating mainly to the method of sale or remote services the disputes committee Webshop Keurmerk is preferably competent. For all other disputes the other recognised by the SGC or affiliated with the Kifid.
Article 18 – Branch Guarantee
- Stichting Webshop Keurmerk guarantees the fulfilment of the binding advice of the disputes committee of Stichting Webshop Keurmerk by its members unless the member decides the binding opinion within two months after its dispatch for review to the court. This guarantee revives if the binding opinion after review by the state court is stayed and the judgment confirming this, the force of res judicata. Up to a maximum amount of €10,000,- per binding opinion, this amount will be paid by the Foundation Webshop Trustmark to consumers paid. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For many, the Foundation Webshop Trustmark an obligation to ensure that the member to fulfil the binding advice.
- For the purposes of this guarantee requires the consumer a written appeal to Webshop Keurmerk and that his claim on the trader transfers to Stichting Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,-, the consumer is presented his claim to the extent exceeding the amount of €10.000,- comes over to Stichting Webshop Keurmerk, after which this organisation, in its own name and the costs payment of these rights will ask to meet the consumer.
Article 19 – Additional or varying provisions
Additional or of these general terms and conditions may not disadvantage the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.
Article 20 – Amendments of the general terms and conditions of Stichting Webshop Keurmerk
- Stichting Webshop Keurmerk-general terms and conditions are not changed other than in consultation with the Consumer.
- Changes in these conditions are effective only after this the appropriate way have been published, with the proviso, that in case of appropriate amendments during the validity of the offer for the consumers most favorable provision will prevail.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam
8502 TM Joure
Tel. +31(0)58 288 3944