These General Terms and Conditions of Stichting Webshop Keurmerk have been drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 June 2014.
These General Terms and Conditions will be used by all members of the 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
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and additional guarantee
Article 13 – Delivery and execution
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
In these Terms, the following terms have the following meanings:
1. Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in relation to a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or a third party on the basis of an agreement between this third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his commercial, trade, craft or professional activities;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continued implementation agreement: an agreement for the supply of goods, services and/or digital content in a certain period;
7. Durable data carrier: any means, including e-mail, that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and use for a period that corresponds to the purpose for which the information is intended and which allows unaltered reproduction of the stored information.
8. Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who is a member of the Webshop Keurmerk Foundation and who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded by the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or additional use is made until the conclusion of the agreement of one or more techniques for remote communication;
11. Standard Withdrawal Form: the European Standard Withdrawal Form included in Appendix 1;
12. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
Article 2 - The identity of the Entrepreneur
House of Formulas BV
Visiting address: Schiehavenkade 96, Rotterdam, 3024EZ, Netherlands
Email address or other electronic means of communication that is offered to the consumer with the same functionality as e-mail; firstname.lastname@example.org
Chamber of Commerce number; 78697840
VAT identification number; NL861498690B01
If the activity of the entrepreneur is subject to a relevant licensing system: information about the supervisory authority;
If the entrepreneur practices a regulated profession:
- the professional association or professional organization of which he is a member;
- the title of his profession, the place in the EU or in the European Economic Area where it has been awarded;
- a reference to the professional rules applicable in the Netherlands and information about where and how these rules are accessible for professional practice.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and consumer.
2. Before a distance contract is concluded, the entrepreneur will make the text of these general terms and conditions available free of charge and as soon as possible. If this is not reasonably possible, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be viewed and they will be sent free of charge on request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be provided to the consumer electronically in such a way that the consumer can easily can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise; /p>
4. If a specific product or service condition applies in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions. p>
Article 4 - The offer
1. If an offer has a limited period of validity or if certain conditions apply, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow an adequate assessment of the products, services and/or digital content by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
3. All offers contain 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
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment that the consumer has accepted the offer and meets the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational security measures for the electronic data transfer and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself whether the consumer can meet his payment obligations and of all facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. Before the product is delivered, the entrepreneur will inform the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, respectively the manner in which he can be exempted from the right of withdrawal. the information about existing after-sales service and guarantees;
d. the price including all taxes on the product, the service or the digital content, where applicable the delivery costs and the method of payment, delivery or performance of the distance contract;
e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. the standard cancellation form if the consumer has a right of withdrawal.
6. In the event of a continuing performance contract, the provisions of the previous paragraph only apply to the first delivery.
Article 6 - Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period expires after 14 days from the day on which you or a third party designated by you, who is not the carrier, takes physical possession of the last good.
To exercise the right of cancellation, you must notify us (see details below) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email is sent). You can use the attached model cancellation form, but this is not mandatory.
To respect the cancellation period, it is sufficient for you to send your communication about the exercise of the right of withdrawal before the cancellation period has expired.
House of Formulas BV
Schiehavenkade 96, 3024EZ, Rotterdam, Netherlands
Phone number: +31(0)6 31517274
Email: email@example.com Chamber of Commerce number: 78697840< br>VAT identification number; NL861498690B01
Article 7 - Consequences of the cancellation
If you cancel this agreement, we will refund to you all payments received from you, including the cost of delivery (excluding the additional costs that arise if you choose a different type of delivery than the cheapest standard delivery offered by us), without undue delay and in any case no later than 14 days after the day on which we are informed of your decision to cancel this agreement. We will make the refund using the same means of payment as you used for the first transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You shall return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notified us of your withdrawal from this agreement. The period is observed if you return the goods before the period of 14 days has expired. The direct costs for returning the goods are for your account. You are only liable for any decrease in value of the goods as a result of handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Article 8 - Exclusion of the right of withdrawal
The right of withdrawal does not apply to the delivery of goods manufactured to the consumer's specifications or that are clearly personalised.
Article 9 - The price
1. The prices of the products and/or services offered will not be increased during the period of validity stated in the offer, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of new legislation.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and
a. they are the result of statutory regulations or provisions, or
b. the consumer has the authority to cancel the agreement before the day on which the price increase takes effect.
5. All prices stated with the delivery of products or services include VAT.
Article 10 - Performance of an agreement and extra guarantee
1. The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications stated in the offer, with the reasonable requirements of reliability and/or usability and with the legal provisions existing on the date of the conclusion of the agreement. regulations and/or government regulations. 2. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never affects the rights and claims that the consumer can assert towards the entrepreneur on the basis of a shortcoming in the fulfillment of the obligations of the entrepreneur towards the entrepreneur if the entrepreneur in the has failed to fulfill its part of the agreement.
3. An extra guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer, whereby he transfers certain rights or claims to the consumer that go beyond what he is legally obliged to, if he fails to fulfill his part of the agreement. .
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
4. After rejection in accordance with the previous paragraph, the entrepreneur will immediately return the payment made by the consumer, but no later than 30 days after rejection.
5. The risk of loss and/or damage to products is for the account of the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the consumer, unless expressly agreed otherwise.
Article 12 - Continuing Performance Agreements: Duration, Termination and Extension
1. The consumer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can terminate the agreements referred to in the previous paragraphs:
- at any time and not limited to termination at a specific time or in a specific period;
- at least in the same way as agreed by him;< br>- at all times with the same notice period as the entrepreneur has stipulated for himself.
4. An agreement that is concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, cannot be automatically extended or renewed for a specific period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily newspapers, newspapers, weeklies and magazines, can be tacitly extended for a certain period of a maximum of three months if the consumer has concluded this extended agreement against the can cancel at the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period of time and which extends to the regular delivery of products or services, can only be tacitly extended for an indefinite period if the consumer can terminate the agreement at any time with due observance of a notice period of one month. The notice period is a maximum of three months if the agreement concerns a delivery of daily newspapers, newspapers and weeklies and magazines that occurs regularly, but less than once a month.
7. An agreement with a limited duration of regular delivery of trial newspapers, newspapers, weeklies and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise provided in the agreement or in the additional terms and conditions, the amounts to be paid by the consumer must be paid within 14 days after the end of the cooling-off period or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day that the Consumer has received confirmation of the agreement.
2. When selling products to Consumers, it is not permitted to stipulate an advance of more than 50% in the General Terms and Conditions. If an advance payment has been agreed, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s), before the agreed advance payment has been made.
3. The consumer has the obligation to immediately inform the entrepreneur of any inaccuracies in the payment details provided or specified.
4. If the consumer has not fulfilled his payment obligation(s) in time and the entrepreneur has pointed out to him that the payment was made too late and has given him a period of 14 days to meet his payment obligations, the consumer will be charged the statutory interest on owes the amount owed and the entrepreneur has the right to charge the consumer for any extrajudicial collection costs. These extrajudicial collection costs amount to a maximum of 15% for outstanding amounts up to €2,500, 10% for the next €2,500 and 5% for the next €5,000 with a minimum of €40. The entrepreneur may deviate from the above amounts and percentages in favor of the consumer.
Article 16 - Complaints procedure
1. The entrepreneur has a sufficiently reported complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days after receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about the product, service or service of the entrepreneur can also be submitted to the Stichting Webshop Keurmerk using a complaint form on the consumer page of the website www.StichtingWebshopKeurmerk.org. The complaint will then be sent to the relevant entrepreneur and to the Webshop Keurmerk Foundation.
5. If the complaint cannot be resolved in mutual consultation within a reasonable
term or within 3 months after submission of the complaint, this constitutes a dispute that is subject to the dispute settlement procedure.
Article 17 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. With due observance of the provisions below, disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products or services that the entrepreneur must deliver or has supplied, can be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, PO Box 90600, 2509 LP, The Hague (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has submitted his complaint to the entrepreneur within a reasonable time.
4. The dispute must be submitted in writing to the Webshop Disputes Committee within three months of its occurrence.
5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. 6. If the entrepreneur wishes to submit the dispute to the Disputes Committee, the consumer must indicate in writing within five weeks after a written request to that effect from the entrepreneur whether he wishes to have the dispute handled by the competent court. If the entrepreneur has not heard the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The decision of the Disputes Committee is taken under the conditions laid down in the regulations of the Arbitration Committee (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
A decision of the Disputes Committee is a binding advice.
7. The Disputes Committee will not handle a dispute or stop handling it if the Entrepreneur is in suspension of payment, goes bankrupt or actually terminates its business activities before the Committee has dealt with a dispute in court and has made a final decision.
8. If, in addition to the Webshop Disputes Committee, another disputes committee recognized or affiliated by the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Webshop Keurmerk is responsible for disputes that mainly relate to sales methods or services at a distance. preference, and the disputes committee recognized by the SGC or Kifid and affiliated with the SGC or Kifid is competent for all other disputes.
Article 16 - Warranty by this branch of industry
1. The Commission considers that Member States should take the necessary measures to ensure that Member States take the necessary measures. Webshop Keurmerk guarantees that its members follow the binding advice of the Webshop Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months. This guarantee is revived if, after review by the court, the binding advice is confirmed and the judgment has the force of res judicata. Webshop Keurmerk pays this amount to the Consumer up to € 10,000 per binding advice. If the amount exceeds €10,000 per binding advice, €10,000 will be paid. Webshop Keurmerk has a best-efforts obligation for the remaining amount to ensure that members adhere to the binding advice.
2. The application of this guarantee requires that the consumer makes a written appeal to the Webshop Keurmerk and transfers the claim against the Entrepreneur to the Webshop Keurmerk Foundation. If the claim against the entrepreneur exceeds € 10,000, the consumer is offered to transfer the claim in respect of the excess to the Stichting Webshop Keurmerk, after which this organization will attempt to pay and fulfill the obligations in its own name and at its own expense. obtain these rights to compensate the consumer.
Article 19 - Additional or deviating provisions
Supplementary or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they are can be stored in an accessible manner for the consumer on a durable data carrier.
Article 18 - Amendment of the General Terms and Conditions of the
Stichting Webshop Keurmerk
1. The Webshop Keurmerk Foundation has made a number of changes to the General Terms and Conditions. 1. These general terms and conditions will not be changed other than in consultation with the Consumers' Association.
2. Changes to these terms and conditions are only valid after publication in an appropriate manner, on the understanding that in the event of appropriate changes, the most favorable provision for the consumer applies during the term of an offer.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam.
Appendix I: Standard withdrawal form
Standard withdrawal form
(Fill out this form and return it only if you want to revoke the agreement)
- To: House of Formulas
Schiehavenkade 96, 3024EZ, Rotterdam, The Netherlands
firstname.lastname@example.org - I hereby notify you
that I have canceled our agreement on the sale of the following products wishes to revoke: [specification of the product]*
the provision of the following digital content [specification of the digital content]*
the performance of the following service [specification of the service].
- Ordered on*/received on* [date of order of services or receipt of products]*
- [name of consumer]
- [address of consumer]
- [ consumer signature] (only when this form is submitted on paper)
*) Delete and/or supplement where necessary.
Email us before returning your product (email@example.com).