General terms and conditions

General Terms and Conditions Stichting Webshop Keurmerk

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These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will take effect from 1 June 2014.

These General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act (Wet Financieel Toezicht) and in so far as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).


Table of Contents:
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 case of withdrawal
Article 10 – Exclusion of right of withdrawal
Article 11 – The price
Article 12 – Fulfilment and additional guarantee
Article 13 – Delivery and execution
Article 14 – Continuing transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or different provisions
Article 19 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

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

1. Ancillary contract means a contract in which the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Grace period: The period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Contract for an indefinite period of time: a contract for the regular supply of goods, services and/or digital content for a specific period of time;
7. Durable mediumEvery tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that makes future consultation or use possible for a period of time that is tailored to the purpose for which the information is intended, and that makes it possible to reproduce the stored information unchanged;
8. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: The natural or legal person who is a member of Stichting Webshop Keurmerk and who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contractmeans an agreement that is concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby sole or joint use is made of one or more techniques for distance communication up to and including the moment at which the agreement is concluded;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these Terms and Conditions;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 – Identity of the entrepreneur
Name of entrepreneur (statutory name, possibly supplemented with trade name);
Business address;
Visiting address, if different from the business address;
Telephone number and time(s) at which the entrepreneur can be reached by telephone;
E-mail address or other means of electronic communication offered to the consumer with the same functionality as e-mail;
Chamber of Commerce number;
VAT identification number;

If the entrepreneur’s activity is subject to a relevant licensing regime: the
information on the supervisory authority;

If the entrepreneur is engaged in a regulated profession:

• 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 was awarded;
• a reference to the professional rules applicable in the Netherlands and indications where and how these professional rules can be accessed.

Article 3 – Applicability

1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general conditions can be viewed by the trader and that, at the consumer’s request, they will be sent free of charge as quickly as possible.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

1. The contract is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereof are fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may, within the limits of the law, inform the consumer of his ability to meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. Not later than upon delivery of the product, service or digital content, the trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

a. the visiting address of the trader’s business establishment where the consumer can lodge complaints;
b. the conditions on which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales services;
d. the price, including all taxes, of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model form for withdrawal.

1. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 – Right of withdrawal
In products:

1. The consumer can terminate a contract relating to the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to disclose his reason(s).
2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, and who is not the carrier, has received the product, or:

1. if the consumer has ordered multiple products in one order: the day the consumer or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
2. 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;
3. in case of contracts 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 not supplied on a tangible medium:

1. The consumer may terminate a service contract and a contract for the supply of digital content not supplied on a tangible medium during at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to disclose his reason(s).
2. The cooling-off period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling off period for products, services and digital content which is not supplied on a tangible medium in the absence of information about the right of withdrawal:

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 cooling-off period will expire twelve months after the end of the original cooling-off period, as stipulated in the previous paragraphs of this article.
2. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period will end 14 days after the day on which the consumer received this 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 operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation in the value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in value of the product if the trader has not provided him with all the information required by law concerning the right of withdrawal before or at the time of concluding the contract.

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

1. If the consumer uses his right of withdrawal, he shall notify the trader of this within the withdrawal period by means of the model form for withdrawal or in another unequivocal manner.
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 in any case complied with the return period if he returns the product before the cooling-off period has expired.
3. The consumer sends the product back with all accessories, if reasonably possible in original condition and packaging, and according to the trader provided reasonable and clear instructions.
4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer should bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first having explicitly requested that the performance of the service or the supply of gas, water or electricity, which are not prepared for sale in a limited volume or set quantity, shall commence during the withdrawal period, the consumer shall owe the trader an amount which is in proportion to that part of the undertaking which has been fulfilled by the trader at the time of withdrawal as compared with the full extent of the undertaking.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

1. the trader has not provided the consumer with the legally required information on the right of withdrawal, on reimbursement of costs in the event of withdrawal or on the model form for withdrawal, or
2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
3. The consumer shall bear no cost for the complete or partial delivery of digital content not supplied on a tangible medium if:

1. he has not expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. the proprietor has failed to confirm this declaration by the consumer.
4. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the trader makes it possible for the consumer to notify his withdrawal electronically, he will send an acknowledgement of receipt of this notification without delay.
2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
3. The entrepreneur uses for reimbursement the same means of payment that the consumer has 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 method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract:

1. Products or services of which the price is linked to fluctuations on the financial market over which the entrepreneur has no influence and which can occur within the withdrawal period
2. Contracts concluded at public auction. A public auction is a method of sale whereby products, digital content and/or services are offered by the operator to the consumer who is present in person or has the possibility to be present in person at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if:

1. the execution has started with the explicit prior consent of the consumer; and
2. the consumer has declared that he loses his right of withdrawal when the entrepreneur has completely fulfilled the contract;

1. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
2. Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
3. Products made to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
4. Products that spoil quickly or have a limited shelf life;
5. Sealed products which are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
6. Products that, after delivery, are irrevocably mixed with other products due to their nature;
7. Alcoholic beverages, the price of which has been 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 is dependent on fluctuations in the market over which the entrepreneur has no influence;
8. Sealed audio, video recordings and computer software of which the seal has been broken after delivery;
9. Newspapers, journals or magazines with the exception of subscriptions to these;
10. The delivery of digital content other than on a tangible medium, but only if:

1. the execution has started with the explicit prior consent of the consumer; and
2. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered are not increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the trader’s control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:

a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

1. The prices mentioned in the offer of products or services include VAT.

Article 12 – Fulfilment of agreement and additional guarantee

1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory provisions and/or government regulations that existed on the date on which the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer, on the basis of the agreement, can enforce against the trader if the trader has failed to fulfill his part of the agreement.
3. By additional guarantee is meant any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obligated to do in case he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

1. The entrepreneur will take the utmost care in receiving and carrying out orders for 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 entrepreneur.
3. Subject to what is stated in Article 4 of these general conditions, the entrepreneur accepted orders expeditiously but not later than 30 days, unless a different delivery has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives them no later than 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty and the right to possible compensation.
4. After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.

Article 14 – Continuing transactions: duration, termination and renewal
Notice:

1. The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable termination rules and a notice not exceeding one month.
2. The consumer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice not exceeding one month.
3. The consumer may terminate the contracts referred to in the previous paragraphs:
   • termination at any time and not be limited to termination at a specific time or during a specific period;
   • at least terminate them in the same manner as they were entered into by him;
   • Always terminate with the same notice as the entrepreneur has stipulated for himself.

Extension:

1. A contract for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
2. Notwithstanding the preceding paragraph, a fixed-term contract that was concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a maximum of three months if the consumer has the right to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month.
3. A fixed-term contract that has been 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. The notice period shall be no more than three months if the contract is for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A contract with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends at the end of the trial or introductory period.

Duration:

1. If a contract lasts more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness resisting the termination before the end of the agreed term.

Article 15 – Payment

1. Unless otherwise stipulated in the contract or additional conditions, the amounts payable by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days of the conclusion of the contract. In case of a contract for the provision of a service, this period shall start on the day the consumer receives the confirmation of the contract.
2. When selling products to consumers, the consumer may never be required in general conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot invoke any right regarding the implementation of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to inaccuracies in data supplied or specified payment to report immediately to the operator.
4. If the consumer does not meet his payment obligation(s) on time, he will, after being notified by the entrepreneur of the late payment and after the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, owe the statutory interest on the amount due and the entrepreneur has the right to charge extrajudicial collection costs. 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 proprietor can deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, a service or the Entrepreneur’s service can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/). The complaint will then be sent both to the Entrepreneur in question and to Stichting Webshop Keurmerk.
5. Webshop Keurmerk will not handle a dispute or cease to handle a dispute if the Entrepreneur has been granted suspension of payment, he has gone bankrupt or has actually ceased trading , or if Webshop Keurmerk has suspended or expelled the Webshop.
6. A dispute will only be accepted by Webshop Keurmerk if the consumer has submitted his complaint to the entrepreneur within reasonable time.
7. No later than twelve months after the dispute arose, the dispute must be submitted in writing to Webshop Keurmerk.
8. It is also possible to register complaints via the European ODR platform(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage).

Article 17 – Disputes

1. Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention shall not apply.

Article 18 – Additional or different provisions
Additional provisions or provisions that deviate from these general conditions, may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

Article 19 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

1. When Stichting Webshop Keurmerk will make a change we will inform the entrepreneur through the newsletter and post the latest conditions on our website(https://www.keurmerk.info/nl/algemene-voorwaarden/)
2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable for the consumer shall prevail.

Address Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam

Annex I: Model withdrawal form


Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

• To: [ name of company].

[ geographic address of operator]
[ fax number of operator, if available].
[ email address or electronic address of the trader]

• I/We* hereby give notice that I/We* have decided to terminate our agreement on

the sale of the following products: [aanduiding product]*
the delivery of the following digital content: [aanduiding digitale inhoud]*
the provision of the following service: [aanduiding dienst]*,
recalls/revokes*

• Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]

• [Naam consumenten(en)]

• [Adres consument(en)]

• [Handtekening consument(en)] (only if this form is notified on paper)

Cross out what does not apply or fill in what applies.

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