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General Terms and Conditions

GENERAL TERMS AND CONDITIONS 

General Terms and Conditions Stichting Webshop Keurmerk

 

  

These General Terms and Conditions of Stichting Webshop Keurmerk have been established in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and come into effect on June 1, 2014.

 

These General Terms and Conditions shall be used by all members of the Stichting Webshop Keurmerk except for financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the 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 reflection period

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

Article 9 - Obligations of the entrepreneur upon withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination, 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 Webshop Quality Mark Foundation

 

Article 1 - Definitions

In these terms and conditions, the following is understood:

  1. Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuous contract: a contract aimed at the regular delivery of goods, services and/or digital content over a certain period;
  7. Sustainable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
  8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;
  9. Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark Foundation and offers products, (access to) digital content and/or services remotely to consumers;

 

  1. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the remote sale of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more techniques for remote communication are used exclusively or jointly;
  2. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;
  3. Technique for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be present in the same space at the same time;


Article 2 – Identity of the entrepreneur

Entrepreneur's name 

 Koperslagerstraat 6;

Phone: 0652851390 

E-mail: info@footballgadgets.shop

Chamber of Commerce: 81118279

VAT number: NL861938902B01

If the entrepreneur's activity is subject to a relevant licensing system: the details of the supervisory authority;

If the entrepreneur practices a regulated profession:

  • the professional association or organization to which he is affiliated;
  • the professional title, the place in the EU or the European Economic Area where it was awarded;
  • a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules are accessible

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it 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 accessed 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 conditions also apply, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions

 

Article 4 – The offer

  1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer

 

  1. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  2. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer

 

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached thereto.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can cancel the agreement
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose
  4. Within legal frameworks, the entrepreneur may inquire whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or application with reasons or to attach special conditions to the execution
  5. The entrepreneur will provide the following information to the consumer no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
    3. the information about guarantees and existing after-sales service;
    4. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
    5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model form for
  6. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

For products:

  1. The consumer can cancel an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not require the consumer to provide his reason(s)
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
    1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, handle an order of multiple products with different delivery times
    2. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;

 

  1. for agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, received the first product.

 

For services and digital content not supplied on a tangible medium:

  1. The consumer can cancel a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not require the consumer to provide his reason(s)
  2. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

 

Extended reflection period for products, services, and digital content not supplied on a tangible medium if the right of withdrawal is not informed about:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period established in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information

 

Article 7 – Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to in a store
  2. The consumer is only liable for depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph
  3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

 

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

  1. If the consumer exercises his right of withdrawal, he notifies this within the reflection period by means of the model withdrawal form or in another unambiguous manner to the entrepreneur.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period expires.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to pay the return shipping costs.
  6. If the consumer withdraws after first expressly requesting that the performance of the service or the delivery of gas, water, or electricity that is not made ready for sale in a limited volume or specific quantity begins during the reflection period, the consumer owes the entrepreneur an amount proportional to that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the
  7. The consumer bears no costs for the execution of services or the delivery of water, gas, or electricity, which have not been made ready for sale in a limited volume or quantity, or for the delivery of district heating, if:
    1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal, or the model withdrawal form; or
    2. the consumer has not expressly requested the commencement of the service or delivery of gas, water, electricity, or district heating during the reflection period
  1. The consumer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    1. he has not expressly agreed prior to delivery to begin fulfilling the contract before the end of the reflection period;
    2. he has not acknowledged losing his right of withdrawal by giving his consent; or
    3. the entrepreneur has failed to provide this statement from the consumer
  2. If the consumer exercises his right of withdrawal, all additional agreements are automatically

 

Article 9 – Obligations of the entrepreneur upon withdrawal

  1. If the entrepreneur enables the consumer to notify the withdrawal electronically, he sends a confirmation without delay after receiving this notification.
  2. The entrepreneur reimburses all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with the refund until he has received the product or until the consumer proves that he has sent the product back, whichever occurs first.
  3. The entrepreneur uses the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund 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 from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement:

  1. Products or services whose price is tied to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period
  2. Agreements concluded during a public auction. A public auction is understood as a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
  3. Service agreements, after full performance of the service, but only if:
    1. the execution has started with the express prior consent of the consumer; and
    2. the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
  4. Service agreements for the provision of accommodation, if a specific date or period of execution is provided in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
  5. Agreements concerning leisure activities, if a specific date or period of execution is provided in the agreement;
  6. Products manufactured according to consumer specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  7. Products that perish quickly or have a limited shelf life;
  8. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  9. Products that are irrevocably mixed with other products after delivery due to their nature;
  10. Alcoholic beverages whose price was agreed upon when concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
  11. Sealed audio, video recordings, and computer software, of which the seal has been broken after delivery;
  12. Newspapers, magazines, or periodicals, except for subscriptions to these;
  13. The delivery of digital content other than on a tangible medium, but only if:
    1. the execution has started with the express prior consent of the consumer; and
    2. the consumer has declared that they waive their right of withdrawal

 

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This tie to fluctuations and the fact that any stated prices are indicative prices are stated in the offer
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
    1. these are the result of legal regulations or provisions; or
    2. the consumer has the authority to terminate the agreement as of the day the price increase
  5. The prices mentioned in the offer of products or services include

 

Article 12 – Performance of the agreement and additional warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal
  2. An additional warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur has failed to fulfill their part of the
  3. Extra warranty means any commitment by the entrepreneur, his supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to in case they have failed to fulfill their part of the

 

Article 13 – Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for granting
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. Subject to the provisions of article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be informed no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
  4. After termination in accordance with the previous paragraph, the entrepreneur will promptly refund the amount paid by the consumer
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and entrepreneur-known representative, unless expressly stated otherwise

 

Article 14 – Duration transactions: duration, termination, and extension

Termination:

  1. The consumer may at any time terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services

 

terminate observing the agreed termination rules and a notice period of no more than one month.

  1. The consumer may terminate an agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of no more than one
  2. The consumer can terminate the agreements mentioned in the previous paragraphs:
    • terminate at any time and not be limited to termination at a specific time or within a specific period;
    • at least terminate in the same manner as they were entered into by him;
    • always terminate with the same notice period as the entrepreneur has for himself

Extension:

  1. An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed
  2. By way of derogation from the previous paragraph, an agreement entered into for a fixed term and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one
  3. An agreement entered into for a fixed term that aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one The notice period is at most three months in case the agreement aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and automatically ends after the trial or

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 15 – Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement
  2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to prepay more than 50%. When prepayment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed prepayment has taken place.
  3. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur
  4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has pointed out the late payment and granted the consumer a period of 14 days to still fulfill his payment obligations, after payment has not been made within this 14-day period, the statutory interest is owed on the outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur may deviate from these amounts to the benefit of the consumer and

 

Article 16 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer
  4. A complaint about a product, service, or the service of the entrepreneur can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht) The complaint is then sent to both the relevant entrepreneur and the Stichting Webshop Keurmerk
  5. If the complaint cannot be resolved by mutual consultation within a reasonable period or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution scheme.

 

Article 17 – Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate
  2. Disputes between the consumer and the entrepreneur regarding the formation or execution of agreements concerning products and services to be delivered or delivered by this entrepreneur may, subject to the provisions below, be submitted by both the consumer and the entrepreneur to the Disputes Committee Webshop, P.O. Box 90600, 2509 LP The Hague (sgc.nl).
  3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time
  4. No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee
  5. When the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound to this choice. If the entrepreneur wishes to do so, the consumer must, within five weeks after a written request made by the entrepreneur, declare in writing whether he also wishes this or wants the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent
  6. The Disputes Committee issues rulings under the conditions as established 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
  7. The Disputes Committee will not handle a dispute or will cease handling if the entrepreneur has been granted suspension of payment, has been declared bankrupt, or has effectively ceased business activities before a dispute has been handled by the committee at the hearing and a final decision has been made
  8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably competent for disputes mainly concerning the method of sale or distance service. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.

 

Article 18 – Industry guarantee

  1. Stichting Webshop Keurmerk guarantees the fulfillment of the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee is revived if the binding advice remains in force after court review and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid out by Stichting Webshop Keurmerk to the consumer. For amounts greater than €10,000 per binding advice, €10,000 will be paid out. For the excess amount, Stichting Webshop Keurmerk has an obligation of effort to ensure that the member complies with the binding advice
  2. For the application of this guarantee, it is required that the consumer makes a written claim to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting

 

Webshop Keurmerk. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim exceeding the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization will, in its own name and at its own expense, legally demand payment to satisfy the consumer.

Article 19 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 20 – Amendment of the general terms and conditions Stichting Webshop Keurmerk

  1. Stichting Webshop Keurmerk will only change these general terms and conditions in consultation with the Consumers' Association.
  2. Changes to these terms and conditions only take effect after they have been published in an appropriate manner, with the understanding that in the case of applicable changes during the term of an offer, the provision most favorable to the consumer will

 

Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam

 

Annex I: Model withdrawal form

 

 

Model withdrawal form

 

(only fill in and return this form if you want to withdraw the agreement)

 

  • To: [ entrepreneur name]

 

[ geografisch adres ondernemer]

 

[ faxnummer ondernemer, indien beschikbaar]

 

[ e-mailadres of elektronisch adres van ondernemer]

 

 

  • I/We* hereby inform you that I/we* our agreement concerning the sale of the following products: [product description]*

the delivery of the following digital content: [designation of digital content]* the performance of the following service: [designation of service]*, withdraw(s)/withdrawn*

 

 

  • Ordered on*/received on* [order date for services or receipt date for products]

 

  • [Naam consumenten(en)]

 

  • [Adres consument(en)]

 

  • [Consumer signature(s)] (only when this form is submitted on paper)

 

 

Strike out what does not apply or fill in what does apply.

 

Download General Terms and Conditions for Webshops 

 

REGULATIONS OF STICHTING WEBSHOP KEURMERK

All members affiliated with Stichting Webshop Keurmerk adhere to the regulations. The fee is €195 per year (excl. 21% VAT). If registration occurs later in the calendar year, only a contribution for the remaining months of the year is due. There are absolutely no other administrative or certification fees due. Webshops are responsible for cancellation themselves. They must cancel by logging into the account via the website and canceling there.

ACKNOWLEDGMENT OF ELECTRONIC COMMUNICATION

  • The provider acknowledges electronic communication and will not deny its validity or legal effect solely because the communication is electronic.

THE OFFER

  • The offered products or services are clearly described by the provider, if possible accompanied by images.
  • The applicable consumer price of the offered products or services is clearly stated by the provider.
  • There can be no hidden extra costs in the offer such as taxes (VAT), packaging, or shipping costs.
  • If there is a limited validity period of the offer, this limitation is clearly stated.
  • The provider clearly states the delivery times applicable to the offer on his website.
  • Any information about independent quality assessments of products or services is stated in the offer. Complete information must be available about the institution from which the qualification was obtained.

THE PAYMENT METHODS

  • The provider indicates how the consumer can pay, together with clear step-by-step instructions about the relevant payment methods.
  • The provider may never require an advance payment of more than 50% in the general terms and conditions when selling products to consumers. The webshop can, for example, choose Afterpay, Billink, Klarna, or cash on delivery shipping in this case. Advance payment of more than 50% may be agreed upon. When an advance payment of more than 50% has been required, the consumer cannot assert any rights regarding the execution of the respective order or service before the agreed advance payment has been made.

THE ORDER REQUEST PROCEDURE

  • The provider clearly indicates the steps by which the agreement is concluded.
  • The webshop is required to place an order button on the webshop that clearly shows that the order entails an obligation to pay. You must therefore place the text "order with payment obligation" next to the payment button.
  • Before concluding the agreement, the products or services to be delivered and the price to be paid are confirmed to the consumer. Following this confirmation, the agreement is concluded by an active action by the consumer. (For example, a mouse click).

THE COOLING-OFF PERIOD

  • After receiving the product, the consumer has a cooling-off period of 14 days to cancel the agreement without giving reasons and return the product. The consumer bears the cost of return shipping, except in the case of a valid claim under the "satisfaction guaranteed" policy. In case of cancellation, the provider will refund the amounts paid (including shipping costs) within 14 days.
  • Cancellation of a service can be made within 14 days after the first service. In case of cancellation of a service within 14 days, the consumer must pay for any services already enjoyed up to the moment of cancellation, except in the case of a valid claim under the "satisfaction guaranteed" policy.
  • The consumer can only effectively exercise their right of withdrawal within fourteen days if the goods concerned are returned complete and undamaged, preferably as much as possible in or with the original packaging. Withdrawal is also possible if the goods are incomplete and/or damaged (after complete and undamaged delivery), but in that case, the provider must be reasonably compensated for the damage and/or incompleteness. After the cooling-off period and in case of a proven defect or incorrect product delivered, the consumer must first give the supplier a reasonable opportunity to deliver the correct product.
  • In the case of the sale of financial services, a cooling-off period of 14 working days applies. For the sale of mortgage credit, life insurance, and individual pension insurance, a cooling-off period of 30 working days applies.
  • If the price of a product or service is wholly or partially covered by a loan, the loan agreement can be cancelled without penalty or costs when the consumer exercises their right to cancel the agreement.
  • Limitations or exclusions of the right of cancellation are only possible due to the specific nature of the product or service. These limitations or exclusions will be clearly stated in the offer with an explanation for the limitation or exclusion.

THE DELIVERY

  • The provider will agree on a delivery period of a maximum of 30 days with the consumer.
  • If the agreed delivery period is exceeded for any reason, the provider must inform the consumer without delay and offer the possibility to cancel the agreement free of charge. Any payments made will be refunded as soon as possible, but within a maximum of 30 days after cancellation.

SECURITY

  • The provider takes appropriate technical and organizational measures to secure the transfer of personal information and payments.
  • If there is a shortcoming by the provider in the aforementioned measures, the provider will bear the consequences that this shortcoming has for the consumer.
  • Relevant information about digital signatures or other certification of communication is stated on the website. Complete information is provided about their meaning.

ADVERTISING AND PROMOTION

  • If the provider's internet page contains advertising and promotional expressions from third parties, these must be clearly recognizable as such, for example by the mention 'advertisement'. The Webshop Keurmerk logo does not apply to expressions of other providers. The provider will not give the impression that this is otherwise.
  • All advertising and promotional activities of the provider must not conflict with Dutch law and the Dutch Advertising Code. The provider pays special attention to the interests of minors. If the provider places a logo on the website of the Stichting Webshop Keurmerk, this is done entirely at the provider's expense and responsibility. Stichting Webshop Keurmerk assumes that the provider has the correct license(s) for the use of images and will indemnify Stichting Webshop Keurmerk against claims from third parties. Stichting Webshop Keurmerk is not liable for any misuse or unlawful use of images in a logo of the provider.
  • The provider submits to the jurisdiction of the Advertising Code Committee.

THE LAW AND REGULATIONS

  • The provider complies with Dutch laws and regulations with special attention to consumer legislation.
  • The provider is aware of the provisions included in Dutch laws and regulations for the protection of consumers. The provider is obliged to refrain from behaviors in all contacts with consumers that in any way infringe upon or undermine the legal rights of the consumer. These legal regulations mainly refer to the statutory provisions for consumer sales, general terms and conditions, product liability, misleading advertising, and contracts from the civil code, as well as the legal regulations for the protection of personal privacy.

IDENTITY OF THE PROVIDER

  • The provider must list all contact options (phone number, fax number, postal address, location of physical establishment, and email address) in an accessible place on their website. In addition, the provider states the registration number with the Chamber of Commerce and VAT number.

THE DELIVERY CONDITIONS

  • The provider who uses general and/or warranty conditions, collectively referred to as conditions (which you can find at the top of this page), ensures that the conditions are made available when concluding an agreement. The full text of the conditions is included on the provider's website. At the consumer's request, the provider will send a copy of the conditions to the consumer.
  • The conditions are written in Dutch. When the website also targets foreign consumers, the provider will ensure that the conditions are at least also provided in English.
  • The provider who uses conditions will not invoke these conditions in contracts with consumers if these conditions infringe or detract from the legal rights of the consumer or the provisions of this Quality Mark code. This means, among other things, that the general terms and conditions used may not contain provisions that appear on the grey or black list as mentioned in articles 6:236 BW and 6:237 BW or are otherwise unreasonably burdensome.
  • Despite contrary provisions in agreements concluded between the provider and consumers, the provisions of the Webshop Quality Mark code prevail over the conditions used by the provider.

NOT SATISFIED - MONEY BACK

  • The provider guarantees that the delivered products and/or services comply with the agreement and meet the specifications stated in the offer.
  • The provider will refund the full purchase amount if it immediately appears after delivery or discovery that the products or services are not good or differ from the ordered products or services. The provider will honor requests for repair, replacement, or delivery of the defect or missing item.
  • All returns take place as soon as possible and in any case within 14 days after the consumer has reported the complaint to the provider.
  • The consumer is obliged to report the defect to the provider within a reasonable period (competent time) after discovering the defect. The consumer will return the received products immediately after notification and at the provider's expense.

WARRANTIES

  • The provider clearly indicates in its offer whether there is a warranty, what conditions apply, and who provides the warranty.
  • The provider states that the warranty conditions do not affect the rights of the consumer as derived from the law or the agreement.

THE INVOICE

  • The provider will send an invoice with the products and services that are physically delivered.
  • All administrative errors will be corrected as soon as possible, but within a maximum of 14 days after notification.

CONSUMER COMPLAINTS

  • The consumer can report any complaints via the complaint form on the contact page to the Webshop Quality Mark Foundation. Complaints are handled immediately.
  • The provider will cooperate with the Webshop Keurmerk Foundation in resolving the dispute.

COMPLAINTS AND DISPUTE PROCEDURE

  • The provider has a simple complaints procedure for its customers.
  • The provider explains on its website how the complaints procedure works and how a complaint can be submitted.
  • The provider points out in case of a dispute that it has ceased activities, applied for suspension of payment, or is bankrupt.
  • Dutch law applies to all agreements with consumers residing in the Netherlands. The provider submits to the jurisdiction of the competent court of the consumer's place of residence or the provider's place of business. This is at the consumer's choice.

DATA MANAGEMENT AND PRIVACY

  • The provider complies with the Personal Data Registration Act. This includes, among other things, that the provider registers the applicable registrations with the Registration Chamber.
  • The provider states why it registers which data of the consumer.
  • The provider asks the consumer for permission to send addressed advertising material and/or to provide the consumer's personal data to third parties.
  • The provider only sends the consumer addressed advertising material and/or provides personal data to third parties if the consumer has expressly consented to this.
  • The provider offers the consumer the possibility to stop the sending of addressed (whether or not electronic) advertising at any desired moment. The provider mentions the procedure for this in or with the sent advertising message.
  • The provider clearly states where and how the consumer can view the data registered by him and, if desired, correct or delete it.

CUSTOMER SERVICE

  • The provider offers customers a phone number and an email address to reach its Dutch-speaking customer service. The provider indicates during which times its customer service is available.

WEBSHOP KEURMERK FOUNDATION

  • The Webshop Keurmerk is a private law quality mark. The Webshop Keurmerk Foundation aims to protect consumers against defective webshops and/or home shops. The webshops affiliated with the Foundation display the Webshop Keurmerk logo. The Keurmerk means that the affiliated webshop has contractually committed itself to comply with this Keurmerk code up to that moment.
  • All consumers can report experiences with transactions at a Webshop Keurmerk provider electronically to the Webshop Keurmerk Foundation. The provider is invited to respond to the consumer's experiences.
  • The Webshop Keurmerk Foundation publishes on its website an overview of the providers who have received permission from the Webshop Keurmerk Foundation to use the Keurmerk logo. The webshop Keurmerk ensures that a link to the provider's website is placed in this overview.
  • The Webshop Quality Mark Foundation can refuse an application for a Quality Mark logo if the Foundation believes that acceptance of the provider conflicts with the law and/or this code.
  • The Webshop Quality Mark Foundation has several partners. The affiliated webshops can receive offers from these partners. Also, offers can be sent to the webshops by the Foundation itself or on behalf of the Foundation by the Media team.
  • The Foundation has the right, as a user of the mark together with Cleonice B.V., to file a claim or join or intervene in proceedings initiated by or against Cleonice B.V.
  • If Cleonice B.V. or the Foundation takes legal action to protect the Webshop Quality Mark, they may assert the special interest of the provider(s) and include the special damage of the provider(s) in their claim for damages.

THE PROVIDER

  • The provider may in no way have a relationship with the quality mark issuer or owner in the sense that there is any employment or other form of control. Apart from the annual contribution, no favors or other forms of possible influence are accepted by the quality mark issuer or owner.
  • All providers (and potential providers or applicants) are treated in the same manner.

LOGO

  • A provider can be granted the right to use the Webshop Quality Mark logo after an application if all conditions of this Quality Mark code (if applicable) are met. When an application is rejected, a potential provider may submit a new application at any time. The application is verified based on the provided data and the content of the applicant's website. After evaluation, the applicant is informed about the decision. After approval, the existence of the provider, the content of the site, as well as the manner of use of the logo will be regularly subjected to investigation, control, and possible reassessment. If the provider changes the conditions on the site and these may affect the right to use the logo, they must be submitted to the Webshop Quality Mark for approval without delay.
  • The provider may in no way give the impression that the use of the Webshop Quality Mark logo implies a judgment or recommendation by the quality mark organization about the offered products or services and (customer) service of the provider.
  • The provider who, based on an agreement with the Webshop Quality Mark Foundation, has permission to use the Quality Mark logo is obliged to prominently display this logo on their Website. This logo is provided by the provider with a link to the website of the Webshop Quality Mark. The provider is aware that Cleonice B.V. is the depositary and owner of the quality mark and that the Webshop Quality Mark Foundation is the quality mark issuer.
  • The Quality Mark logo may be placed not only on the website but also on documentation or other (advertising) expressions as long as the logo is not altered in any way and is related to the affiliated webshop. If a logo with text is used, it must always be legible and the logo itself must always be displayed clearly and sharply. The quality mark holder must comply with the instructions of the quality mark issuer.
  • The Stichting Webshop Keurmerk can revoke the provider's right to use the Quality Mark logo in case of incorrect use or misuse, or in case of serious and/or repeated non-compliance with this Quality Mark Code and/or the law and multiple complaints from consumers. If the violation is not immediately considered serious, the Foundation can suspend the provider for the duration that the irregularity persists. A suspension or temporary revocation of the right to use the quality mark can occur after the Foundation has given the provider 24 hours (excluding weekends and holidays) by email or other written means to respond, and the provider has not responded satisfactorily within this period.
  • The Stichting Webshop Keurmerk will report incorrect use or misuse, or in case of serious and/or repeated non-compliance with this Quality Mark Code and/or the law on the website (and in other publications).
  • If the provider is demonstrably unwilling and/or it is established that the provider has not acted according to the law and/or the Quality Mark Code, the Foundation as quality mark issuer can suspend the provider and/or immediately revoke the right to use the Quality Mark logo. This notification can be made by the Foundation via email, after which a confirmation from the provider is expected. The provider is then obliged to remove the logo from the website within 48 hours after summons under penalty of a fine of 100 euros per day. Cleonice B.V. or the Foundation may take legal measures to enforce the removal of the logo. Cleonice B.V. or the Foundation may also claim damages in court in case of misuse of the logo, misuse of the trade name, or other unlawful actions.

CHANGE QUALITY MARK CODE

  • When there are changes to the Quality Mark Code, the date of the changes will be announced on the news page of the Stichting Webshop Keurmerk website. If the changes are significant for the provider(s), a transition period of two months will be set and the provider(s) will be informed by email or letter. If the provider does not accept the change, the provider has the right to terminate the agreement. A portion of the contribution for the remainder of the year will then be refunded.