Terms and Conditions
TERMS AND CONDITIONS
General Terms and Conditions Webshop Quality Mark Foundation
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 right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra 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 different provisions
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
- Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Consumer : the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day : calendar day;
- Digital content : data produced and delivered in digital form;
- Duration agreement : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier : any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
- Entrepreneur : the natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract: an agreement concluded between 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 joint use is made up to and including the conclusion of the agreement. uses one or more techniques for remote communication;
- Model withdrawal form : the European model withdrawal form included in Appendix I of these terms and conditions;
- Technique for distance communication : means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time;
Article 2 – Identity of the entrepreneur
Chamber of Commerce: 81118279
VAT number: NL861938902B01
If the activity of the entrepreneur is subject to a relevant licensing system: the data about 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 that apply in the Netherlands and directions where and how these professional rules are accessible
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and
- Before the distance contract is concluded, the text of these general terms and conditions is 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 viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- 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 made available to the consumer electronically in such a way that the consumer can can be stored in a simple way 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.
- In the event that specific product or service conditions apply 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.
Article 4 – The offer
- If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer
- The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
- Each offer contains 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
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
- 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
- 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures
- Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about all those 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 implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about warranties and existing after-sales service;
- the price including all taxes of the product, service or digital content; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- if the consumer has a right of withdrawal, the model form for
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
- The consumer can enter into an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- 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:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, place an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not provided on a tangible medium:
- The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for a minimum of 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not to state his reason(s).
- The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that is not delivered on a material medium if you do not inform about the right of withdrawal:
- 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 will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer has that information.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the 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 basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph
- The consumer is not liable for depreciation 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 agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- 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 in any case observed the return period if he returns the product before the reflection period has expired
- The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to pay the costs for return.
- If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that has not been made ready for sale in a limited volume or certain quantity starts during the cooling-off period, the consumer owes the entrepreneur a amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the model form for withdrawal, or;
- the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection period
- The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
- he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
- he has not acknowledged to lose his right of withdrawal when granting his consent; or
- the entrepreneur has failed to provide this statement from the consumer
- If the consumer makes use of his right of withdrawal, all additional agreements will be legally terminated
Article 9 – Obligations of the entrepreneur in the event of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a notification after receipt of this notification.
- The entrepreneur will reimburse 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 gives him the withdrawal. he waits with repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Exclusion right of withdrawal
The entrepreneur can 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 for the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
- Agreements concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
- Service agreements, after full performance of the service, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Service agreements for the provision of accommodation, if a specific date or period of implementation is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides for a specific date or period for its implementation;
- Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- 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;
- Products that are irrevocably mixed with other products after delivery by their nature;
- Alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- newspapers, periodicals or magazines, with the exception of subscriptions thereto;
- The supply of digital content other than on a tangible medium, but only if:
- the execution has started with the express prior consent of the consumer; and
- the consumer has declared that he has thereby exercised his right of withdrawal
Article 11 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- 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 quoted are target prices, are included in the offer
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase
- The prices stated in the offer of products or services include:
Article 12 – Compliance with the agreement and extra guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use
- An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the
- An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the contract.
Article 13 – Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the granting of
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- 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 receive this no later than 30 days after he has placed the order. any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly stated otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
- The consumer may at any time enter into an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services.
cancel with due observance of the agreed cancellation rules and a notice period of no more than one month.
- The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed cancellation rules and a notice period of at least highest one
- The consumer can conclude the agreements referred to in the previous paragraphs:
- cancel at any time and are not limited to cancellation at any particular time or period;
- at least cancel in the same way as they entered into by him;
- always cancel with the same notice period as the entrepreneur has for himself
- An agreement entered into for a definite period of time and which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed term of a maximum of three months, if the consumer opposes this extended contract. can cancel the end of the extension with a notice period not exceeding one
- An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- 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 continued and ends automatically after the trial or
- 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 no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 15 – Payment
- Insofar as not provided otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur
- If the consumer does not fulfill his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed 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 can deviate from the stated amounts in favor of the consumer and
Article 16 – Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- 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.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of 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 provide a more detailed answer.
- 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 website of Stichting Webshop Keurmerk ( http://keur.info/Home/MisuutOfKlacht ). The complaint will then be sent to both the concerning entrepreneur as to Stichting Webshop Keurmerk
- If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months of submitting the complaint, a dispute will arise that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply
- Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee. , PO Box 90600, 2509 LP in The Hague ( sgc.nl ).
- A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- No later than twelve months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to state in writing within five weeks after a written request to that effect by the entrepreneur whether he also wishes to do so or whether he wants the dispute to be handled by the competent court. If the entrepreneur is not informed of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent
- The Disputes Committee makes a decision under the conditions as laid down in the regulations of the Disputes Committee ( http://www.degeschillencommissie.nl/over-ons/de- commissions/2701/webshop ). The decisions of the Disputes Committee are binding
- The Disputes Committee will not deal with a dispute or will discontinue the handling if the entrepreneur has been granted a suspension of payments, has gone bankrupt or has actually terminated his business activities, before a dispute has been dealt with by the committee at the hearing and a final decision has been issued. is
- If, in addition to the Webshop Disputes Committee, another disputes committee recognized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Disputes Committee Stichting Webshop Keurmerk is responsible for disputes mainly concerning the method of selling or providing remote services. preference For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid.
Article 18 – Industry guarantee
- Stichting Webshop Keurmerk guarantees compliance with 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 it has been sent. This guarantee is revived if the binding advice has remained in force after review by the court and the judgment from which this appears has become final. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the excess, Stichting Webshop Keurmerk has a best efforts obligation to ensure that the member accepts the binding advice
- Application of this guarantee requires that the consumer makes a written appeal to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting Webshop Keurmerk.
Webshop Hallmark. If the claim against the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim insofar as it exceeds the amount of €10,000 to Stichting Webshop Keurmerk, after which this organization will make the payment in its own name and at the expense will demand it in court to satisfy the consumer.
Article 19 – Additional or different provisions
Additional provisions or provisions that deviate 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 can be stored by the consumer in an accessible manner on a durable data carrier.
Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk
- Stichting Webshop Keurmerk will not change these general terms and conditions except in consultation with the Consumers' Association.
- Changes to these terms and conditions only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will be
Address Stichting Webshop Hallmark: Willemsparkweg 193, 1071 HA Amsterdam
Attachment I: Model withdrawal form
Model withdrawal form
(only fill in and return this form if you want to revoke the agreement)
- To: [name of entrepreneur]
[ geographic address entrepreneur]
[ fax number entrepreneur, if available]
[Email address or electronic address of entrepreneur]
- I/We* hereby give notice that I/we* have entered into our agreement regarding the sale of the following products: [product designation]*
the supply of the following digital content: [designation digital content]* the provision of the following service: [designation service]*, revoke/revoke*
- Ordered on*/received on* [order date for services or receipt for products]
- [Name of consumer(s)]
- [Address consumer(s)]
- [Signature consumer(s)] (only when this form is submitted on paper)
* Strike out what is not applicable or fill in what is applicable.
REGULATIONS OF THE WEBSHOP KEURMARK FOUNDATION
All members affiliated with Stichting Webshop Keurmerk adhere to the regulations. The rate is € 195 per year (excl. 21% VAT). When registering later in the calendar year, only a contribution is due for the remaining months of the year. Absolutely no other administration or certification fees are due. Webshops themselves are responsible for the cancellation. They must cancel by logging into the account via the website and canceling there.
RECOGNITION ELECTRONIC COMMUNICATIONS
- The provider acknowledges electronic communication and will not deny its validity or legal effect solely because the communication is electronic.
- The products or services offered are clearly described by the provider, if possible with images.
- The applicable consumer price of the products or services offered is clearly stated by the provider.
- There can be no hidden additional costs such as taxes (VAT), packaging or shipping costs in the offer.
- If there is a limited period of validity of the offer, this limitation will be clearly stated.
- The provider clearly states on its website the delivery times that apply to the offer.
- Any information about independent quality assessments of products or services will be mentioned in the offer. In addition, complete information must be available about the body from which the qualification has been 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 stipulate an advance payment of more than 50% in the general terms and conditions when selling products to consumers. In this case, the webshop can, for example, choose Afterpay, Billink, Klarna or cash on delivery. Advance payment of more than 50% may be agreed. If an advance payment of more than 50% is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant 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 obliged to place an order button on the webshop which clearly shows that the order implies an obligation to pay. You must therefore place the text "order with payment obligation" at 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 with an active act by the consumer. (For example a mouse click).
THE COOL-OFF PERIOD
- After receipt of the product, the consumer has a cooling off period of 14 days to dissolve the agreement and return the product without stating reasons. In addition, the consumer bears the costs of return shipment, with the exception of a justified appeal to the "money back" arrangement. In the event of termination, the provider will refund the amounts paid (including shipping costs) within 14 days.
- Dissolution of a service is possible within 14 days after the first service. In the event of dissolution of a service within 14 days, the consumer must pay for any services already enjoyed until the moment of dissolution, with the exception of a justified appeal to the "money back" scheme.
- The consumer can only actually make use of his right of withdrawal within fourteen days if the goods in question are returned complete and undamaged, preferably in or with the original packaging as much as possible. Revocation is also possible if the goods are incomplete and/or damaged (after complete and undamaged delivery), but in that case the seller will have to be reasonably compensated for the damage and/or it is not complete. After the cooling-off period and in the event of a proven defect or incorrectly delivered product, the consumer must first give the supplier a reasonable opportunity to still deliver the correct product.
- In the case of the sale of financial services, a cooling-off period of 14 working days applies. A cooling off period of 30 working days applies to the sale of mortgage credit, life insurance and individual pension insurance.
- If the price of a product or service is wholly or partially covered by a loan, the loan agreement can be terminated without penalty or costs when the consumer exercises his right to terminate the agreement.
- Limitations or exclusions of the right of withdrawal 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 provider will agree a delivery period of a maximum of 30 days with the consumer.
- If, for whatever reason, the agreed delivery period is exceeded, the provider must inform the consumer without delay and offer the possibility to dissolve the agreement free of charge. In that case, any payments made will be refunded as soon as possible, but within a maximum of 30 days after termination.
- The provider takes appropriate technical and organizational measures to secure the transfer of personal information and payments.
- If there is a shortcoming on the part of the provider in the above measures, the provider will bear the consequences that this shortcoming has for the consumer.
- Relevant information about digital signatures or other certification of communications is listed on the website. Full information is provided on its meaning.
ADVERTISING AND PROMOTION
- If the internet page of the provider contains advertising and promotional messages from third parties, these must be clearly recognizable as such by, for example, the mention "advertisement". The Webshop Keurmerk logo does not apply to communications from other providers. The provider will not suggest otherwise.
- All advertising and promotional activities of the provider may 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 site of the Stichting Webshop Keurmerk, this is entirely at the expense and responsibility of the provider. The Webshop Keurmerk Foundation assumes that the provider has the correct license(s) when using images and will indemnify the Webshop Keurmerk Foundation against claims from third parties. The Webshop Keurmerk Foundation is not liable for any misuse of or unlawful use of images in a logo of the provider.
- The provider submits to the jurisdiction of the Advertising Code Committee.
THE LAWS AND REGULATIONS
- The provider adheres to Dutch laws and regulations with special attention to consumer legislation.
- The provider is aware of the provisions in Dutch legislation and regulations for the protection of consumers. In all contacts with consumers, the provider is obliged to refrain from behavior that in one way or another infringes or impairs the legal rights of the consumer. These legal regulations mainly refer to the legal regulations for consumer purchase, general terms and conditions, product liability, misleading advertising and assignment from the Civil Code and the legal regulations for the protection of privacy.
- The provider must state all contact options (telephone number, fax number, postal address, place of physical establishment and e-mail address) in an accessible place on its website. In addition, the provider states the registration number with the Chamber of Commerce and VAT number.
THE DELIVERY CONDITIONS
- The provider who makes use of general and/or warranty conditions, simply referred to as conditions (you can find these at the top of this page), ensures that the conditions are made available when an agreement is concluded. The text of the terms and conditions is included in full on the provider's website. At the consumer's request, the provider will send a copy of the terms and conditions to the consumer.
- The conditions are set in Dutch. If the website is also aimed at foreign consumers, the provider will ensure that the terms and conditions are at least written in English.
- The provider who makes use of conditions will not invoke these conditions in contracts with consumers if these conditions infringe or affect 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 gray or black list as referred to in Article 6:236 of the Dutch Civil Code and 6:237 of the Dutch Civil Code or that are otherwise unreasonably onerous.
- Despite provisions to the contrary in the agreements concluded between the provider and consumers, the provisions of the Webshop Quality Mark code take precedence over the terms and conditions used by the provider.
NOT HAPPY, MONEY BACK
- The supplier guarantees that the delivered products and/or services comply with the agreement and meet the specifications stated in the offer.
- The seller will refund the full purchase amount immediately after delivery or. discovery shows that the products or services are not good or different from the ordered products or services. The provider will honor requests for repair, replacement or delivery of the defect or missing.
- All returns take place as soon as possible and in any case within 14 days after the consumer has made his complaint known to the provider.
- The consumer is obliged to report this to the provider within a reasonable period (a reasonable time) after discovery of the defect. The consumer will return the products received immediately after notification and at the expense of the provider.
- The provider makes clear in its offer whether there is a guarantee, which conditions apply and who provides the guarantee.
- The provider states that the warranty conditions do not affect the rights of the consumer as arising from the law or the agreement.
- The provider will send an invoice for 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 thereof.
COMPLAINTS FROM CONSUMERS
- The consumer can make any complaints known to Stichting Webshop Keurmerk via the complaints form on the contact page. Complaints are handled immediately.
- The provider will cooperate with the Stichting Webshop Keurmerk in resolving the dispute.
COMPLAINTS AND DISPUTES 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.
- In the event of a dispute, the provider points out that it has ceased activities, has applied for a moratorium or is bankrupt.
- Dutch law applies to all agreements with consumers living in the Netherlands. The provider submits to the jurisdiction of the competent court of the consumer's domicile or of the provider's place of business. This is at the consumer's discretion.
DATA MANAGEMENT AND PRIVACY
- The provider complies with the Personal Records Act. This means, among other things, that the provider registers the relevant registrations with the Registratiekamer.
- The provider states why he registers which data of the consumer.
- The provider asks the consumer for permission to send addressed advertising material and/or provide the consumer's personal data to third parties.
- The provider will only send the consumer addressed advertising material and/or provide personal data to third parties if the consumer has expressly consented to this.
- The provider offers the consumer the option to stop sending addressed (electronic or otherwise) advertising at any time. The provider states the procedure for this in or with the advertisement sent.
- The provider makes clear where and how the consumer can view the data registered by him and, if desired, correct or delete it.
- The provider provides customers with a telephone number and an e-mail address to reach its Dutch-speaking customer service. The provider indicates during which times its customer service is available.
FOUNDATION WEBSHOP KEURMARK
- The Webshop quality mark is a private law quality mark. The Webshop Keurmerk Foundation aims to protect consumers against unsound web shops and/or home shops. The webshops affiliated with the Foundation carry the logo of the Webshop Keurmerk. The Quality Mark means that the affiliated web store has contracted to comply with this Quality Mark code until 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 that have received permission from the Webshop Keurmerk Foundation for the use of the Keurmerk logo. The webshop Keurmerk ensures that a link is placed in this overview to the website of the provider.
- The Stichting Webshop Keurmerk may refuse an application for a Keurmerk logo if the Stichting Webshop Keurmerk is of the opinion that acceptance by the provider is contrary to the law and/or this code.
- The Webshop Keurmerk Foundation has several partners. The affiliated web stores can receive offers from these partners. Offers can also be sent to the web shops by the Foundation itself, or by the Media Team on behalf of the Foundation.
- As a user of the trademark, the Foundation has the right to file a claim together with Cleonice BV or to join or intervene in a lawsuit initiated by or against Cleonice BV.
- If Cleonice BV or the Foundation takes legal action to protect the Webshop quality mark, they can assert the special interest of the provider(s) and include the special damage of the provider(s) in their claim for compensation.
- The provider may in no way have a relationship with the quality mark provider or owner of the quality mark in the sense that there is any employment or other form of control. Other than the annual contribution, no favors or other forms of possible influence are accepted by the quality mark provider or owner of the hallmark.
- All providers (and potential providers or applicants) are treated in the same way.
- After an application, a provider can be granted the right to use the logo of the Webshop Quality Mark if all conditions of this Quality Mark code (if applicable) are met. When an application has been rejected, a potential provider can submit a new application at any time. The application will be verified against the data provided and the content of the applicant's website. After evaluation, the applicant will be informed of the decision. After approval, (the existence of) the provider, the content of the site as well as the manner in which the logo is used will be regularly re-examined, checked and, if necessary, reassessed. If the provider changes the conditions on the site and these may affect the right to use the logo, they will immediately be submitted to the Webshop Quality Mark for approval.
- The provider may in no way give the impression that the use of the Webshop Quality Mark logo would imply an opinion or recommendation by the quality mark organization about the products or services offered and (customer) service of the provider.
- The provider who, on the basis of an agreement with the Stichting Webshop Keurmerk, has permission to use the Keurmerk logo is obliged to place this logo in a prominent manner on its Website. This logo is provided by the provider with a link to the website of the Webshop Keurmerk. The provider is aware of the fact that Cleonice BV, as a depository, is the owner of the hallmark and the Stichting Webshop Keurmerk is the provider of the hallmark.
- In addition to the website, the Keurmerk logo may also be placed on documentation or other (advertising) communications as long as the logo is not changed in any way and is related to the affiliated web store. 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 adhere to the instructions of the quality mark provider.
- The Webshop Keurmerk Foundation can deprive the provider of the right to use the Keurmerk logo if there is incorrect use or abuse or if there is serious and/or repeated non-compliance with this Keurmerk code and/or the law and multiple complaints by consumers. If the violation is not immediately found to be too serious, the Foundation can suspend the offerer for the duration that the irregularity continues to exist. Suspension or temporary denial of the use of the quality mark can take place after the Foundation has given the provider 24 hours by email or other written means to respond and the provider has not responded satisfactorily within this period (excluding weekends and public holidays). .
- The Stichting Webshop Keurmerk will report this on the website (and in other publications) in the event of incorrect use or abuse or if there is serious and/or repeated non-compliance with this Keurmerk code and/or the law.
- If the provider is demonstrably unwilling and/or it is established that the provider has not acted in accordance with the law and/or the Quality Mark code, the Foundation, as the quality mark provider, can suspend the provider and/or grant the right to use the Quality Mark logo with immediate effect. deny entry. This announcement can be made by the Foundation by e-mail, 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 a summons, on pain of a penalty of 100 euros per day. Cleonice BV or the Foundation may take legal action to enforce the removal of the logo. Cleonice BV or the Foundation can also claim compensation in the event of misuse of the logo, misuse of the trade name or other unlawful action.
CHANGE MARK CODE
- In the event of changes to the Keurmerk code, the date of the changes will be stated on the news page of the website of the Stichting Webshop Keurmerk. In the event of major changes for the provider(s), a transition period of two months will be introduced and the provider(s) will be informed by e-mail or letter. If the provider does not accept the change, the provider is entitled to terminate the agreement. A part of the contribution for the remainder of the year will then be refunded.