These general terms and conditions of Stichting Webshop Quality From the Webshop Quality Mark Foundation with the exception of financial services as referred to in the Financial Supervision Act and to the extent that these services are supervised by the Financial Markets Authority.
Adres: Dapperstraat 32, 1103 BW Amsterdam
- Article 1 - Definitions
- Article 2 - Identity of the entrepreneur
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Consumer obligations during the reflection time
- Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- Article 9 - Obligations of the entrepreneur upon cancellation
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Compliance and extra guarantee
- Article 13 - Delivery and implementation
- Article 14 - Duration transactions: duration, cancellation and extension
- Article 15 - Payment
- Article 16 - Complaints procedure
- Article 17 - Disputes
- Article 18 - Industry guarantee
- Article 19 - Additional or deviating provisions
- Article 20 - Amendment of the General Terms and Conditions Stichting Webshop Keurmerk
Article 1 - Definitions
These terms and conditions means:
- Additional agreement: An agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these matters, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an appointment between that third party and the entrepreneur;
- Reflection: the period within which the consumer can use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital Content: data produced and supplied in digital form;
- Duration contract: an agreement that stretches to the regular delivery of cases, services and / or digital content during a certain period;
- Sustainable data carrier: Any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
- Right of withdrawal: the possibility of the consumer to refrain from remotely to be seen within the reflection time;
- Entrepreneur: the natural or legal person who is a member of Stichting Webshop Quality Mark and Products, (access to) Digital Content and / or Distance Services to consumers;
- Remote agreement: An agreement concluded between the entrepreneur and the consumer in the context of an organized system for remote sales, digital content and / or services, including one or co-use up to and including the conclusion of the agreement or more remote communication techniques;
- Model form for revocation: the European Model Form for Revocation in Annex I to these Terms and Conditions;
- Technology for remote communication: means that can be used to conclude an agreement, without consumer and entrepreneur having to meet simultaneously in the same room;
Article 2 - Identity of the entrepreneur
If the entrepreneur's activity is subject to a relevant permit system: the data on the supervisory authority;
If the entrepreneur exercises a regulated profession:
- the professional association or organization in which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it has been granted;
- A reference to the professional rules applicable in the Netherlands and instructions where and how these professional rules are accessible.
Article 3 - Applicability
- These general terms and conditions apply to any offer of the entrepreneur and at a distance agreement between entrepreneur and consumer.
- Before the remote agreement is closed, the text of these general terms and conditions will be made available to consumers. If this is reasonably possible, the entrepreneur will indicate before the agreement is concluded, indicating how the General Terms and Conditions to the entrepreneur can be viewed and that they will be sent free of charge at the request of the consumer.
- If the remote agreement is closed electronically, controlling the previous paragraph and before the remote agreement is concluded, the text of these General Terms and Conditions by electronic means to consumers are made in such a way that it is upset by the consumer A simple way can be stored on a sustainable data carrier. If this is reasonably possible, before the remote agreement is concluded, it will be specified where the general terms and conditions can be taken by electronic means and that they will be sent electronically or in other ways at the request of the consumer.
- In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph applies mutatis mutandis and in the event of conflicting conditions can always rely on the applicable provision that is most favorable for him .
Article 4 - The offer
- If an offer has a limited validity period or under conditions, this is emphatically stated in the supply.
- The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by consumers possible. If the entrepreneur uses images, these are a truthful representation of the products, services and / or digital content offered. Apparent errors or apparent errors in the range do not bind the entrepreneur.
- Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer.
Article 5 - The agreement
- The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and compliance with the conditions laid down.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately provide the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
- If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures to this.
- Within legal frameworks, the entrepreneur may notify whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a recognition of the remote agreement. On the basis of this study, if the entrepreneur has good grounds to not enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to implementation.
- The entrepreneur will provide the following information, in writing or in such a way that the consumer can be stored in a sustainable data carrier, no later than such a manner at the latest upon delivery of the product, the service or digital content.
- the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
- the information about guarantees and existing service after purchase;
- the price including all the taxes of the product, service or digital content; Where applicable, delivery costs; and the method of payment, delivery or implementation of the remote agreement;
- The requirements for cancellation of the agreement if the agreement has a duration of more than one year or of an indefinite period;
- If the consumer has a right of withdrawal, the model form for revocation.
- In the event of a duration transaction, the provision in the previous paragraph only applies to first delivery.
Article 6 - Right of withdrawal
- The consumer can decompose an agreement with regard to the purchase of a product during a reflection time of at least 14 days without giving reasons. The entrepreneur may ask the consumer to the reason for withdrawal, but it does not oblige it to stipulate his reason (s).
- The reflection time referred to in paragraph 1 shall continue on the day after the consumer, or a third party proposed by the consumer, which 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, if he has informed the consumer here prior to the ordering process, refuse an order of multiple products with a different delivery time.
- If the delivery of a product consists of different shipments or components: the day on which the consumer, or a third party he designated by him, has received the last shipment or the last part;
- In 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.
For services and digital content that has not been supplied on a material carrier:
- The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered to a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer to the reason for withdrawal, but it does not oblige it to stipulate his reason (s).
- The reflection time referred to in paragraph 3 shall enter the day following the conclusion of the agreement.
Extended reflection time for products, services and digital content that has not been delivered to a material carrier in the event of non-informing of withdrawal right:
- If the entrepreneur has not provided the consumer the statutory information on the right of withdrawal or the model form for revocation, the reflection time decreases twelve months after the end of the original, in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original reflection time, the reflection time expires 14 days after the day on which the consumer has received that information.
Article 7 - Consumer obligations during the reflection time
- During the reflection time, consumers will handle the product and packaging carefully. He will only unpack or use the product to the extent required to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle the product and inspect as he could do in a store.
- The consumer is only liable for impairment of the product that is the result of a way of dealing with the product that goes beyond paragraph 1.
- The consumer is not liable for impairment of the product if the entrepreneur did not provide him for or in the conclusion of the agreement all legally required information about the right of withdrawal.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer uses his right of withdrawal, he reports this within the reflection period by means of the cancellation form for withdrawal or other unambiguous manner to the entrepreneur.
- As soon as possible, but within 14 days from the day following the report referred to in paragraph 1, the consumer sends the product back or hand over it (an authorized representative of) the entrepreneur. This does not have to collect the product itself if the entrepreneur has offered. The consumer has observed the return time in any case if he returns the product before the reflection time has elapsed.
- The consumer sends the product back with all supplied 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 the burden of proof for the right 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 recognizes, first to have asked that the operation of the service or the delivery of gas, water or electricity that is not ready for sale in a limited volume or quantity starts during reflection time, the consumer is the entrepreneur a Amount owes that proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal compared to the full fulfillment of the commitment.
- The consumer does not bear costs for the execution of services or the delivery of water, gas or electricity, which are not ready for sale in a limited volume or quantity, or to the delivery of district heating, if:
- the entrepreneur the consumer has not provided the statutory information on the right of withdrawal, the cost reimbursement if the cancellation form for revocation, or;
- The consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity or district heating during the reflection time.
The consumer does not bear costs for the full or partial delivery of digital content supplied on a material carrier, if:
- He has not expressly approved the delivery of the fulfillment of the agreement before the end of the reflection time;
- He has not recognized to lose his right of withdrawal when granting his permission; or
- The entrepreneur has failed to confirm this statement by the consumer.
If the consumer uses his right of withdrawal, all additional agreements are blamed by law.
Article 9 - Obligations of the entrepreneur upon cancellation
- If the entrepreneur makes the reporting of withdrawal by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur reimburses all consumer payments, including any delivery costs brought into account by the entrepreneur for the returned product, without delay, but within 14 days following the day on which the consumer reports him to revocation. Unless the entrepreneur offers to collect the product itself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, according to which time the time falls.
- For refund, the entrepreneur uses the same payment method that the consumer has used unless the consumer agrees with a different method. The reimbursement 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 entrepreneur does not have to repay the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur may exclude the following products and services of the right of withdrawal, but only if the entrepreneur clearly stated this in the supply, at least timely to the conclusion of the agreement:
- Products or services whose price is bound by fluctuations on the financial market to which the entrepreneur has no influence and that can occur within the withdrawal period
- Agreements that are closed during a public auction. A public auction means a sales method where products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or the possibility of being personally present at the auction, led by an auctioneer, and where the Successful bidder is obliged to take out the products, digital content and / or services;
- Service agreements, after full implementation of the service, but only as:
- Implementation has started with the express prior approval of the consumer; and
- The consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully implemented the agreement;
Service agreements for accommodation, if a specific date or period of implementation is provided in the agreement and other than for residential purposes, freight transport, car rental services and catering; Agreements with regard to leisure activities, if a specific date or period of implementation is provided in the agreement; According to consumer specifications, produced products that are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person; Products that quickly spoil or have a limited shelf life; Sealed products that are not suitable for reducing health protection or hygiene to be returned and whose seal has been broken after delivery; Products that are irrevocably mixed with other products after delivery by their nature; Alcoholic beverages of which the price has been agreed upon when the agreement is concluded, but whose delivery can only take place after 30 days, and the actual value of which depends on fluctuations in the market to which the entrepreneur has no influence; Sealed audio, video recordings and computer software, whose seal is broken after delivery; Newspapers, magazines or magazines, with the exception of subscriptions on this; Digital content delivery other than on a material carrier, but only as:
- Implementation has started with the express prior approval of the consumer; and
- The consumer has stated that he loses his right of withdrawal.
Article 11 - The price
- During the validity period specified in the offer, the prices of the products and / or services offered are not increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur can offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur does not affect variable prices. This bondage to fluctuations and the fact that any prices stated are target prices are stated in the supply.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has this stipulated and:
- these are the result of legal regulations or provisions; or
- The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.
- The prices mentioned in the range of products or services include VAT.
Article 12 - Compliance agreement and additional guarantee
- The entrepreneur states that the products and / or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and legal provisions on the date of the conclusion of the agreement / or government regulations. If agreed, the entrepreneur is also in that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his supplier, manufacturer or importer limited the statutory rights and claims that the consumer may apply to the entrepreneur under the Agreement if the entrepreneur has been shortened in the fulfillment of his part of the agreement.
- An additional guarantee is understood to mean any commitment of the entrepreneur, his supplier, importer or producer in which they granted certain rights or claims to the consumer who goes beyond what it is legally obliged in case he has fallen in the fulfillment of his part of the agreement .
Article 13 - Delivery and implementation
- The entrepreneur will comply with the greatest possible care when receiving and in the performance of orders of products and when assessing applications for the provision of services.
- As a place of delivery, the address applies that the consumer has made known to the entrepreneur.
- With due observance of what is specified in Article 4 of these General Terms and Conditions, the entrepreneur will perform accepted orders with a competent emergency but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, consumers have the right to terminate the agreement without costs and to any compensation.
- After decomposition in accordance with the previous member, the entrepreneur will immediately repay the amount that the consumer has paid.
- The risk of damaging and / or loss of products is based on the entrepreneur until the moment of delivery to consumers or a pre-appointed representative known to the entrepreneur, unless explicitly agreed otherwise.
Article 14 - Duration transactions: duration, cancellation and extension
- The consumer can agree an agreement that has arranged indefinitely and that regulates the arranged delivery of products (including electricity) or services, at any time, with due observance of agreed cancellation rules and a notice period of no more than one month.
- The consumer cancel an agreement that has been entered into for a fixed time and which stretches to the arranged delivery of products (including electricity) or services, at all times at the end of the limited duration, at the end of the limited duration, with due observance of agreed cancellation rules and a cancellation period of ten Top one month.
- The consumer can agree the agreements mentioned in the previous paragraphs:
- Cancel at all times and not limited to cancellation at a specific time or in a certain period;
- at least cancel in the same way when they have been entered into by Him;
- Always cancel with the same cancellation period if the entrepreneur has stipulated for himself.
- An agreement entered into for a specific time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a certain duration.
- By way of derogation from the previous paragraph, an agreement that has been entered into for a fixed period and that stretches to the regular delivery of day news and weekly newspapers and magazines are tacitly extended for a certain duration of up to three months, as the consumer against this extended agreement The end of the extension can cancel with a cancellation period of no more than one month.
- An agreement that has been entered into for a fixed time and which stretches to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at all times with a cancellation period of no more than one month. The cancellation period is at most three months in the event that the agreement extends to it, but less than once a month, delivering day, news and weekly newspapers and magazines.
- An agreement with a limited duration to the arranged for the acquisition of day, news and weekly magazines and journals (trial or introductory subscription) is not tacitly continued and automatically ends after the test or introduction period.
- If an agreement has a duration of more than a year, the consumer may cancel the agreement at any time after a year by no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 - Payment
- To the extent that it is not otherwise specified in the Agreement or additional conditions, the amounts due by the consumer must be met within 14 days after entering into the inventory period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the event of an agreement to grant a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, the consumer may never be required in general terms and conditions until prepayment of more than 50%. When prepayment has been stipulated, the consumer cannot afford any right regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.
- The consumer has the obligation to report inaccuracies to the entrepreneur without delay in provided or stated payment details.
- If the consumer does not meet his payment obligation (s) in time, this after being pointed out by the entrepreneur to the late payment and the entrepreneur has awarded the consumer a period of 14 days to meet his payment obligations after the Investment of payment within this 14-day period, due to the amount still due to the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% over outstanding amounts to € 2,500; 10% on subsequent € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from said amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
- The entrepreneur has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be fully and clearly defined within a skilled time after the consumer has identified defects.
- Complaints submitted to the entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds 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 from the entrepreneur can also be submitted via a complaint form on the consumer page of the website of Stichting Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then sent to both the relevant entrepreneur and to Stichting Webshop Keurmerk.
- If the complaint cannot be resolved within a reasonable period or within 3 months of submitting the complaint, a dispute is created that is susceptible to the dispute settlement.
Article 17 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
- Disputes between the consumer and the entrepreneur on the creation or implementation of agreements with regard to products and services to be delivered or delivered to this entrepreneur can, in accordance with the following, both by consumers and the entrepreneur are submitted to the Webshop Disputes Committee , PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute is only processed by the Disputes Committee, if the consumer has first submitted his complaint to the entrepreneur within skilled time.
- No later than three months after the dispute has arisen, the dispute must be brought in writing to the Disputes Committee.
- If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. If the entrepreneur wants to do so, the consumer will have to express in writing in writing within five weeks of a request written by the entrepreneur whether he also wants to be treated with the dispute by the competent court. If the entrepreneur does not hear the consumer's choice within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee decides 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 not deal with a dispute or strike the treatment if the entrepreneur has been granted to payment of payment, which has become in a state of bankruptcy or has actually terminated his business activities before a dispute has been dealt with by the Commission at the session and a final statement has been pointed out.
- If, in addition to the Disputes Committee Webshop a different recognized or the Disputes Committees for Consumer Affairs (SGC) or the Financial Services (KIFID) Complaints Institute (KIFID) is authorized, for disputes concerning primarily the method of selling or delivering the Disputes Committee Stichting Webshop Keurmerk at Preferred. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 - Industry guarantee
- Stichting Webshop Keurmerk guarantees the fulfillment of the binding advice from the Disputes Committee Webshop Keurmerk by its members unless the member decides to submit binding opinion within two months after their dispatch to review. This guarantee revives if binding advice has been maintained by the court after review and the judgment from which this turns out to be followed. Up to a maximum amount of € 10,000 per binding opinion, this amount will be paid to consumers by Stichting Webshop Keurmerk. If amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For several, Stichting Webshop Keurmerk has an exercise obligation to ensure that the member fulfills binding opinion.
- For application of this warranty, it is required that the consumer does a written appeal to this at Stichting Webshop Keurmerk and that he transfers his claim to the entrepreneur to Stichting Webshop Keurmerk. If the claim on the entrepreneur is more than € 10,000, the consumer is offered to transfer his claim to the extent that it exceeds the amount of € 10,000, to Stichting Webshop Keurmerk, after which this organization is at its own name and costs As a result, questions will be made to satisfy consumers.
Article 19 - Additional or deviating provisions
In addition to these General Terms and Conditions, the provisions of these General Terms and Conditions may not be in writing to be laid down in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable 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 than in consultation with the Consumers' Association.
- Changes to these Terms and Conditions are only effective after it has been published to that effect, provided that in the case of applicable changes during the duration of an offer, will prevail the benefit for consumers.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam
ANNEX I: Model form for revocation
Model form for revocation
(Only complete and return this form when you want to revoke the agreement)
- [Name Entrepreneur]
- [Geographic address entrepreneur]
- [fax number entrepreneur, if available]
- [E-mail address or electronic address of entrepreneur]
Me / we * share / share * you here, that I / we * our agreement concerning
- The sale of the following products: [indication product] *
- The delivery of the following digital content: [Digital Content Indication] *
- The operation of the following service: [indication service] *,
Reveal / revoke *
Ordered on * / received at *
- [date order in services or receipt in products]
- [Consumer name (s)]
- [Address consumer (s)]
- [Hand drawing consumer (s)] (only when this form is submitted on paper)
* Delete what does not apply or fill in what applies.