- General Terms and Conditions
Terms and Conditions
These Terms and Conditions of the Webshop Keurmerk Foundation have been established in consultation with the Consumer Union and the NTO within the framework of the Social Economic Council Co-ordination Group Self-regulation Consultation (CZ) and enter into the foundation for the Webshop Keurmerk Foundation as of July 1, 2011.
These Terms and Conditions will be used by all members of the Webshop Keurmerk Foundation, with the exception of financial services as referred to in the Financial Supervision Act and in so far as these services are supervised by the Authority for 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 - Cost in case of revocation
ARTICLE 8 - Exclusion of right of withdrawal
ARTICLE 9 - The price
ARTICLE 10 - Conformity and Warranty
ARTICLE 11 - Delivery and execution
ARTICLE 12 - Duration transactions, termination and extension
ARTICLE 13 - Payment
ARTICLE 14 – Complaint settlement
ARTICLE 15 - Geschillen
ARTICLE 16 – Disputes
ARTICLE 17 - Additional or derogatory provisions
ARTICLE 18 - Modification of the terms and conditions Stichting Webshop Keurmerk
ARTICLE 1 - DEFINITIONS These terms are defined as: Prayer period: The term within which the consumer can make use of his right of withdrawal; Consumer: The natural person who does not act in the exercise of occupation or business; and a distance contract with the entrepreneur; Day: calendar day; Duration Transaction: A remote agreement with respect to a range of products and / or services, whose delivery and / or purchase obligation has been spread over time; Sustainable Data Carrier: any means that allows the consumer or entrepreneur to store information that is personalised to him in a way that allows future consultation and unchanged reproduction of the stored information. Right of Withdrawal: The possibility for consumers to refrain from the distance agreement within the time frame. Entrepreneur: The natural legal person who is a member of the Webshop Foundation. Provides trademarks and products and / or remote services to consumers; Remote Agreement: An agreement whereby, within the framework of an enterprise-based system of distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of remote communication; Remote Communication: Means that can be used for the conclusion of an agreement without the consumer and the entrepreneur coming together in the same space.
ARTICLE 2 - IDENTITY IF THE COMPANY
Name of entrepreneur: Michiel van de Plassche
Location address and visiting address: Gillis van Ledenberchstraat 108, 1052 VK Amsterdam
Email address: firstname.lastname@example.org
Chamber of Commerce number: 57214336
VAT identification number: NL852485621B01
ARTICLE 3 – Applicability
1. These terms and conditions apply to any offer of the entrepreneur and to any contractual agreement reached between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the agreement is concluded on a remote basis, it is indicated that the terms and conditions of the entrepreneur will be shown and sent free of charge at the consumer's request as soon as possible.
3. If the remote agreement is concluded electronically, by way of derogation from the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can view them, a simple way can be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the terms of the general terms and conditions will be notified electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him is.
ARTICLE 4 - The Offer
1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2.The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a true and fair view of the products and/or services offered. Apparent mistakes or manifest errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This concerns in particular: - the price including taxes; - the possible cost of delivery; - the manner in which the agreement will be established and what actions are required for this purpose; - whether or not the right of withdrawal applies; - The manner of payment, delivery and execution of the agreement; - the time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;- the amount of the distance communication fee if the cost of using the remote communication technology is calculated on a different basis from the regular base rate for the means of communication used; - whether the agreement is archived after the creation, and if so, how is it consulted for the consumer; - the way in which consumers can check and, if desired, recover the information provided by him under the agreement before conclusion of the agreement before the conclusion of the agreement; - any other languages in which, in addition to the Dutch, the agreement can be concluded; - the codes of conduct to which the entrepreneur has been subject and the manner in which the consumer can consult these codes of conduct by electronic means; And - the minimum duration of the remote agreement in the case of a long-term transaction .
ARTICLE 5 - THE AGREEMENT
1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the officer and compliance with the conditions.
2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety measures.
4. The entrepreneur can, within legal framework, inform whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The business owner shall provide the consumer with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner or a durable data carrier: a. The visting address of the business location of the entrepreneur where the consumer can complain B. The conditions under which and the manner in which the consumer may use the right of withdrawal or a clear notification of the exclusion of the right of withdrawal; C. The information contained in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the performance of the agreement; E. The terms for termination of the agreement if the agreement is of a duration of more than one year or indefinite duration. F. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.
ARTICLE 6 - REMOVAL RIGHTS: When delivering products:
1. When purchasing products, the consumer has the opportunity to dissolve the agreement without giving a reason for 14 days. This term will begin on the day after receipt of the product by the consumer or a consumer appointed by the consumer and notified to the entrepreneur.
2. During the bedtime, consumers will carefully handle the product and the packaging. He will only extract or use the product to the extent that it is necessary to assess whether he wishes to maintain the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur. On delivery services:
3. For the provision of services, the consumer has the opportunity to dissolve the agreement without giving a reason for at least fourteen days, starting on the date of entering into the agreement.
4. In order to use his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur for the offer and / or appearance at the time of delivery.
ARTICLE 7 - COSTS IN CASE OF REPEAT
1. If the consumer makes use of his right of withdrawal, the reimbursement costs will be at the highest.
2. If the consumer has paid an amount, the entrepreneur will repay this amount as soon as possible, but no later than 30 days after the return or revocation.
ARTICLE 8 - EXCLUSION REMUNERATION
1. The entrepreneur may exclude the consumer's right of withdrawal in so far as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products: A. Made by the entrepreneur in accordance with consumer specifications; B. Which are clearly personal in nature; C. Which by their nature can not be returned; D. Who can spoil or age quickly; E. the price of which is subject to fluctuations in the financial market where the entrepreneur has no influence; F. For newspapers and magazines G. For audio and video recordings and computer software that the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services: A. To provide accommodation, transport, restaurant or leisure activities on a particular date or during a specified period; B. Whose delivery has been explicitly agreed by the consumer before the period of reflection has expired; C. Regarding bets and lotteries.
ARTICLE 9 - THE PRICE
1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, subject to price changes due to VAT rates.
2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur is not affected by offering variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stated this and: a There are due to statutory regulations or provisions; or b. The consumer has the power to cancel the agreement as of the date of the price increase.
5. The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 -CONFORMITY AND WARRANTY
1. Entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory date of the agreement. Provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can make against the entrepreneur under the agreement.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
1. The entrepreneur will take the utmost care when receiving and carrying out orders for products and in evaluating applications for services.
2. The place of delivery is the address that the consumer has notified to the company.
3. The place of delivery applies to the address that the consumer has notified to the company. With due observance of what is stated in Article 4 of these terms and conditions, the company will carry out accepted orders at an accelerated speed, but not later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order can not be executed or only partially, the consumer will receive a notice of this within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and the right to any changes.
4. In case of termination in accordance with the previous paragraph, the entrepreneur will repay the amount paid by the consumer as soon as possible but not later than 30 days after dissolution.
5. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. Delivery will be reported in a clear and comprehensible manner that a replacement article is delivered. For replacement items, right of withdrawal can not be excluded. The cost of any return shipping is at the expense of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated representative; announced to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTION, DURATION, TERMINATION AND EXTENSION
1. The consumer may at any time terminate an agreement that has been concluded indefinitely for the purpose of the scheduled delivery of products (including electricity) or services in accordance with agreed notice of cancellation and a notice period of no more than one month.
2. Consumers may terminate a fixed-term agreement which aims at the scheduled delivery of products (including electricity) or services at any time by the end of the specified period in accordance with agreed notice of termination and a notice period of maximum one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs: - at any time and not be restricted to termination at a particular time or in a specified period; - at least terminate in the same manner as they have been entered into by him; - always terminate with the same notice period as the entrepreneur has undertaken for himself. Extension
4. A fixed-term agreement that includes the regular delivery of products (including electricity) or service may not be tacitly renewed or renewed for a certain period of time.
5. By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily news and weekly newspapers and periodicals may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of up to no more than one month.
6. A fixed-term agreement that involves the scheduled delivery of products or services may only be extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and one notice period of no more than three months in the event of the agreement being arranged but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. Contracts of limited duration until scheduled delivery of daily, news, and weekly journals and magazines (trial or acquaintance subscription) are not tacitly continued and end automatically after the end of the trial or acquisition period Duration
8. If the agreement has a duration of more than one year, after one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reason and equity are against termination of the end of the contract agreed duration.
ARTICLE 13 - PAYMENT
1. Insofar as otherwise agreed, the amounts owed by the consumer shall be paid within 14 days after the commencement of the commencement of termination as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
2.When selling products to consumers, in general terms, advance payment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
3. The consumer is obliged to notify the entrepreneur without delay of any incorrect or stated payment information. 4. In the case of consumer default, the entrepreneur subject to legal restrictions has the right to charge the reasonable costs previously announced to the consumer.
ARTICLE 14 - COMPLAINT
1. The entrepreneur has a well-known complaints procedure and deals with the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly, after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will b answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days by a notice of receipt and an indication when the consumer can expect a more comprehensive response.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form from the website of the Webshop Keurmerk Foundation, www.keurmerk.info. The complaint will then be sent to the relevant entrepreneur and to the Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
ARTICLE 15 - DISPUTES
1. Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law.
2. Disputes between the consumer and the entrepreneur regarding the establishment or execution of agreements relating to the products or services provided or provided by this entrepreneur may be submitted to the Disputes Committee of the Webshop subject to the following, both by the consumer and the entrepreneur. PO Box 90600, 2509 LP in The Hague (www. sgc.nl).
3. A dispute will be considered by the Disputes Committee only if the consumer has submitted his complaint to the entrepreneur within a reasonable period of time.
4. No late than three months after the dispute arises, the dispute must be lodged with the Disputes Committee in writing.
5. If the consumer wishes to submit a dispute to the Dispute Committee, the entrepreneur is bound to this choice. If the entrepreneur wishes to do so, the consumer must, in writing, either within five weeks after a written request made by the entrepreneur, decide whether he or she wishes to be treated by the competent court. If the entrepreneur does not take the consumer's choice within five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee makes a ruling under the conditions as set out in the Disputes Committee's Rules of Procedure. The decisions of the Disputes Committee are made by binding advice.
7. The Disputes Committee will not deal with a dispute or terminate treatment if the business owner has received a surseance of payment, has fallen into bankruptcy or has actually filled his business before dispute has been dealt with by the committee at the meeting and a final speech has been pointed out
8. If, in addition to the Disputes Committee for Webshop, another authorised or affiliated panel of the Disputes Commission for Consumer Affairs (SGC) or the Complaints Committee for Financial Services (Kifid) is responsible for disputes Committee of Webshop at Exclusion. For all other disputes committee affiliated with SGC or Kifid.
ARTICLE 16 - BRANCHES GUARANTEE
1. The Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Disputes Committee of Webshop by its members unless the member decides to submit the binding opinion within two months of the submission to the court and the verdict from which it appears has expired. Up to a maximum of €10,000, - per binding advice, this amounts greater than €10,000, -per binding advice, €10,000 will be paid out. For the majority, the Stichting Webshop Keurmerk has an obligation to ensure that the member complies with the binding advice.
2. For the purpose of this warranty, it is required that the consumer makes a written appeal to the Stichting Webshop Keurmerk and that he transfers his claim to the entrepreneur to the Stichting Webshop Keurkmerk. If the claim on the entrepreneur exceeds €10,000, - the consumer is offered his claim in so far as it exceeds the amount of €10,000, - to the Stichting Webshop Keurmerk, after which this organization will be registered on its own and costs will promptly pay for payment to consumers.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS Additional or different provisions from these Terms and Conditions may not be to the detriment of the consumer in an accessible manner on a durable data carrier.
1. The Stichting Webshop Keurmerk will not change these terms and conditions than in consultation with the Consumer Association.
2. Changes to these terms and conditions will only take effect after they have been published in this manner, with the proviso that when applicable changes during the term of the offer will prevail the most favourable provision for the consumer.
Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam Last update: 1 July 2012