General Terms & Conditions

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General Terms and Conditions for Members of the WebwinkelKeur Institute

Table of contents:
Article   1 - Definitions
Article   2 - Information about the Entrepreneur
Article   3 - Scope
Article   4 - The offer
Article   5 - The agreement
Article   6 - Return rights
Article   7 - Costs in the event of returns
Article   8 - Exceptions to the return rights
Article   9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Transaction duration: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different conditions

Article 1 - Definitions
In these terms and conditions, the following terms shall have the following meanings:

1. Consideration period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person who does not conduct a professional practise or business and establishes a remote agreement with the entrepreneur;
3. Day: calendar day;
4. Transaction Duration: a remote agreement relating to a range of products and/or services, where the delivery and/or purchase obligation is spread over a period of time;
5. Permanent data storage: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future reference and unaltered reproduction of the stored information.
6. Return rights: the option for the consumer to cancel the remote agreement within the consideration period;
7. Example return form: the example return form that the entrepreneur provides to and can be filled out by a consumer when he wants to exercise his return rights. 
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Remote agreement: an agreement whereby, within the scope of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the agreement, exclusively uses one or more techniques for remote communication;
10. Technique for remote communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.
11. General Terms and Conditions: the current general terms and conditions of the entrepreneur.

• the professional association or organisation of which he is a member;
• the professional title, the place in the EU or the European Economic Area where it is awarded;
• a reference to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.

1. These general terms and conditions apply to every offer made by the entrepreneur and to every remote agreement and order made between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the remote agreement is concluded that the general conditions are available with the entrepreneur can be sent free of charge as soon as possible at the consumer's request.
3. If the remote contract is concluded electronically, contrary to the previous paragraph and before the remote contract is concluded, the text of these terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a permanent data storage. If this is not reasonably possible, it will be indicated before the remote contract is concluded where the general conditions can be read electronically and that they will be sent to the consumer electronically or otherwise free of charge at the consumer's request.
4. In the event that, in addition to these general conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general conditions.
5. If one or more terms in these general terms and conditions are at any time wholly or partially void, then the agreement and the remaining terms and conditions shall remain in force and the respective condition will immediately be replaced by a term in mutual agreement that resembles the meaning of the original as much as possible.
6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more terms of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

1. If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and alter the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently described so that the consumer can properly assess the offer. If the entrepreneur uses images, the images will provide a true representation of the products and / or services on offer. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images or specification information of the offer are indicative and may not lead to compensation or termination of the agreement.
5. Images accompanying products are a true representation of the products on offer. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products. 
6. Each offer contains information so that it is clear to the consumer about their rights and obligations when accepting the offer. This concerns in particular:

• the price including taxes;
• the possible cost of shipping;
• the way in which the agreement will be made and what actions are required to achieve this;
• the applicability or otherwise of the return rights;
• the method of payment, delivery and performance of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the tariff rate for remote communication if the cost of using the technique for remote communication is calculated on a basis other than the regular basic rate for the means of communication used;
• if the contract is archived after its conclusion, and if so how it can be seen by the consumer;
• the way in which the consumer, before concluding the contract, can check the information provided by him and change if needed;
• any other languages in which, in addition to Dutch, the agreement may be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the remote contract in the event of a long-term transaction.
• Optional: available sizes, colors, types of materials.

1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the contract 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 take appropriate security measures.
4. The entrepreneur can - within legal frameworks - acquaint himself with whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this investigation has good grounds for not entering into the agreement, he is entitled to refuse an order or request, stating reasons.

1. The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the contract.
3. If the contract 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 take appropriate security measures.
4. The entrepreneur can - within legal frameworks - acquaint himself with whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
5. The Entrepreneur will with the product or service to the Consumer the following information, in writing or in such a way that the consumer in an accessible way can be stored on a durable medium, send:

• the visiting address of the establishment of the trader where the consumer can lodge complaints;
• the conditions under which and the way in which the consumer can exercise 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 information contained in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with this information vóór the performance of the contract;
• the requirements for terminating the contract if the term of the contract exceeds één years or is indefinite.

6. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

6. In the case of a long-term transaction, the provision in the previous paragraph shall only apply to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

1. When purchasing products, the consumer has the option to terminate the contract without giving any reason to dissolve during 14 days. This reflection period commences on the day after receipt of the product by the consumer or a pre-designated by the consumer and the entrepreneur announced representative.
2. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the Entrepreneur, in accordance with the Entrepreneur's reasonable and clear instructions.
3. When the consumer wishes to exercise his right of withdrawal, he is obliged within 14 days, after receipt of the product, to inform the entrepreneur. The consumer must make it known by means of the model form. After the consumer has made known to want to use his right of withdrawal, the customer must return the product within 14 days to send. The consumer must prove that the delivered goods are returned on time, for example, by means of a proof of shipment. 
4. If the customer after the expiration of the periods mentioned in paragraphs 2 and 3 has not made known to want to use his right of withdrawal or the product has not returned to the entrepreneur, the purchase is a fact. 

5. When providing services, the consumer has the option of dissolving the contract without giving any reason for at least 14 days, starting on the day of entering into the contract.
6. To exercise his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

1. If the consumer exercises his right of withdrawal, a maximum of the costs of return shipment shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly agrees to another payment method.
3. In case of damage to the product by careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
4. The consumer can not be held liable for depreciation of the product when the entrepreneur does not provide all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

1. The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in good time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products: 

• provided by the trader in accordance with the consumer's specifications;
• .
• which are clearly personal in nature;
• which by their nature cannot be returned;
• which can deteriorate or age quickly;
• the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal.
• for hygienic products where the consumer has broken the seal.

3. Exclusion from the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
• of which the delivery with the express consent of the consumer has started before the cooling-off period has expired;
• regarding bets and lotteries.

1. 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 due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices mentioned are target prices, are mentioned in the offer. 
3. Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of laws or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated and: 

• they are the result of statutory regulations or provisions; or
• the consumer has the authority to terminate the contract from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products or services are including VAT.
6. All prices are subject to printing – and typesetting errors. For the consequences of printing – and typesetting errors no liability is accepted. In case of printing – and typesetting errors, the entrepreneur is not obliged to deliver the product according to the wrong price. 
7. .

1. The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the trader also guarantees that the product is suitable for use other than normal.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer under the contract against the entrepreneur can assert.
3. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
4. The warranty does not apply if:

• The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are in conflict with the instructions of the entrepreneur and/or are treated on the packaging;
• The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

1. The entrepreneur will take the greatest possible care in receiving and in the execution of orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery time. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be informed of this within 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation. 
4. .
5. All delivery times are indicative. The consumer cannot derive any rights from any of these terms. Exceeding a period does not give the consumer any right to compensation.
6. In case of dissolution in accordance with paragraph 3 of this article, the Entrepreneur will refund the Consumer the amount paid as soon as possible, but no later than 14 days after dissolution.
7. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article will be delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

1. The consumer may terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services, at any time, subject to the agreed termination rules and a maximum notice period of één month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services, at any time at the end of the fixed-term, subject to the agreed termination rules and a maximum notice period of één month.
3. The consumer can use the agreements mentioned in the previous paragraphs:

• Cancel at any time and not be limited to cancellation at a specific time or in a specific period;
• cancel at least in the same way as they were contracted by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

4. A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
5. In deviation from the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer has the right to terminate this extended contract at the end of the renewal, with a period of notice not exceeding one month.
6. A fixed-term contract that was concluded for the regular supply of products or services may only be tacitly renewed for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months in the case of a contract that involves the regular supply, but less than once a month, of daily or weekly newspapers or magazines.
7. A limited term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introduction will not be tacitly continued and ends automatically at the end of the trial or introductory period.

8. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a period of notice not exceeding one month, unless reasonableness and fairness dictates that termination vóór the end of the agreed term.

1. For as far as not otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs previously notified to the consumer.

1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Completely and clearly described complaints about the execution of the contract must be submitted to the trader within 7 days after the consumer has discovered the defects.
3. 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 trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and complaints that cannot be resolved in mutual consultation, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. Should a solution still not be found, the consumer has the possibility to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision is binding and both trader and consumer agree to this binding decision. The submission of a dispute to this committee is subject to costs that the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. .
7. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
8. If a complaint is found to be well-founded by the Entrepreneur, the Entrepreneur will, at its option, replace or repair the delivered products free of charge.

1. On contracts between the entrepreneur and the consumer to which these terms and conditions apply, exclusively Dutch law applies. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.