General Terms and Conditions

General Terms and Conditions of Stichting Webshop Keurmerk

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 Co-ordination Group (CZ) of the Social and Economic Council and came into force on June 1, 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 at withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints

Article 17 - Disputes

Article 18 - Industry guarantee

Article 19 - Additional or different provisions

Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these Terms and Conditions the following definitions apply:

Supplementary agreement: an agreement where the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Withdrawal 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;
Contract for an indefinite period of time: a contract that provides for the regular supply of goods, services and/or digital content for a specific period of time;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which enables the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer 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 from a distance
Distance contract: a contract between the trader and the consumer concluded as part of an organized system for the distance sale of products, digital content and/or services whereby, up to and including the moment at which the contract is concluded, sole or joint use is made of one or more techniques for distance communication;
Model form for withdrawal: the European Model form for withdrawal included in Annex I of these Terms and Conditions;
Technique for distance communication: means that can be used for the conclusion of 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 entrepreneur; Stamps 4 Everyone

Establishment address; Berkenstraat 5, 2330 Merksplas België

Telephone number; +31 653623906 during weekdays from 9:00 to 18:))

E-mail address; [email protected]

KvK-KMO number; 692889410

BTW-identificatienummer; BE0692.889.410

Article 3 - Applicability

These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the remote agreement is concluded, how the general conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
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 electronically 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 they will be sent to the consumer free of charge, at his request, either electronically or in another way.
In case specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting conditions.

Article 4 - The offer

If an offer has a limited duration or is made subject to conditions, this will be explicitly 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 enable 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 Obvious mistakes or obvious errors in the offer binding on the entrepreneur.
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

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.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the agreement is created electronically, the trader 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.
The entrepreneur may - within legal frameworks - inform the consumer about his payment obligations, as well as 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.
The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, the following information in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium, send:
1. The visiting address of the trader's business establishment where the consumer can lodge complaints;
2. 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;
3. The information on guarantees and existing service after purchase;
4. The price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
5. The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
6. If the consumer has a right of withdrawal, the model form for withdrawel.
In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

With products:

The consumer can terminate an agreement relating to the purchase of a product during a reflection period of at least 14 days without giving any reason The entrepreneur may ask the consumer about the reason for withdrawal, but he is not obliged to give his reason(s).
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 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 prior to the ordering process, an order of 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 appointed by him, 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:

The consumer may terminate a service contract and a contract for delivery of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
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 that is not supplied on a tangible medium when not informing 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 form for withdrawal, the cooling-off period will expire twelve months after the end of the original cooling-off 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 start date of the original cooling-off period, the cooling-off period will expire 14 days after the day the consumer received this information.

Article 7 - Obligations of the consumer during the reflection period

During the cooling-off 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, features 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 in value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
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 contract.

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

If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model withdrawal form or in any other unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up 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.
The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and 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 consumer withdraws after first explicitly requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity shall commence during the withdrawal period, the consumer shall owe the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
The consumer does not bear any costs for the execution of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or to supply district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost compensation in the event of withdrawal or 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.
The consumer shall not bear any cost for the full or partial delivery of digital content not delivered 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 prior to its delivery;
2. he has not acknowledged losing his right of withdrawal when giving his consent; or
3. the trader has failed to confirm this declaration by the consumer.
If the consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will send an acknowledgement of receipt without delay after receiving this notification.
The tentrepreneur will reimburse all payments made by the consumer, including any delivery charges levied by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notified him of the withdrawal. Unless the trader offers to collect the product himself, he may wait to reimburse the consumer until he has received the product or until the consumer can demonstrate that he has returned the product, whichever comes first.
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.
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 entrepreneur 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:

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.
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 gets the opportunity to be personally present at the auction, led by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
Aervice contracts, after full performance of the service, but only if:
1. the execution has started with the consumer's explicit prior consent;
2. and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has completely executed the contract;
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, transportation of goods, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a certain date or period of performance;
Products made to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that are specially ordered based on the consumer's order and cannot be returned to the manufacturer of these goods;
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 whose seal has been broken after delivery;
Products that are irrevocably mixed with other products after delivery due to their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
Newspapers, magazines or journals, with the exception of subscriptions to these;
The delivery of digital content other than on a tangible medium, but only if:
1. The execution has started with the express prior consent of the consumer; and
2. The consumer has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the period of validity mentioned 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.
Notwithstanding 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 influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
1. they are the result of statutory regulations or stipulations; or
2. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Article 12 - Compliance with agreement and additional warranty

The entrepreneur guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
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

The entrepreneur will take the utmost care in receiving and carrying out orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
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 the 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 any compensation.
After dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid immediately repay.
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 - Duration transactions: duration, termination and renewal

Termination:

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.
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.
The consumer can the agreements mentioned in the previous paragraphs:
1. terminate at all times and not be limited to termination at a specific time or in a specific period;
2. at least cancel in the same way as they were entered into by him;
3. always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

An agreement that has been entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Notwithstanding 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 of up to three months, if the consumer is able to terminate this renewed contract towards the end of the renewal period, with a period of notice that does not exceed one month.
A contract for a definite period, which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer may terminate at any time with a notice of up to one month.
An agreement with a limited duration for the regular supply, by way of introduction, of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless reasonableness and fairness resist cancellation before the end of the agreed term.

Article 15 - Payment

To the extent not otherwise provided 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 after the conclusion of the agreement. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement,
When selling products to consumers, the consumer may never be required in general terms and conditions to pay more than 50% in advance. When prepayment is stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s), before the stipulated prepayment has taken place.
The consumer has the duty to inaccuracies in data supplied or specified payment immediately to the operator to report.
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 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 is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2500; 10% on the following € 2500 and 5% on the following € 5000, with a minimum of € 40. The entrepreneur may depart from the amounts and percentages stated for the benefit of the consumer.

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 to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
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.
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 (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint will then be sent both to the entrepreneur in question and to Stichting Webshop Keurmerk.
If the complaint cannot be solved within a reasonable period or within 3 months after the complaint was submitted in joint consultation, a dispute arises that is subject to the dispute settlement scheme.

Article 17 - Disputes

Only Dutch law applies to contracts between the trader and the consumer to which these general terms and conditions apply.
Disputes between the consumer and the entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this entrepreneur can be submitted with the disputes committee Webshop, Postbus 90600, 2509 LP in The Hague (sgc.nl) with due observance of the provisions set out below.
A dispute is considered by the disputes committee only if the Consumer has first submitted his/her complaint to the entrepreneur within a reasonable period of time.
The dispute must be submitted in writing to the disputes committee no later than twelve months after the dispute arose.
When the consumer wants to submit a dispute to the disputes committee, the entrepreneur is bound by this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
The disputes committee pronounces its judgment under the conditions as set out in the regulations of the disputes committee (http://www.degeschillencommissie.nl/over-ons/de- commissies/2701/webshop). The decisions of the Disputes Committee are made by way of a binding opinion.
The geschillencommissie will not deal with a dispute or will terminate the proceedings if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the geschillencommissie dealt with the dispute at a session and rendered a final ruling.
If, in addition to the disputes committee Webshop, another recognized arbitration board or one affiliated with the Stichting Geschillencommissies voor consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, the Geschillencommissie Stichting Webshop Keurmerk shall have preference for disputes concerning mainly the method of distance selling or the provision of services.

Article 18 - Sector guarantee

Stichting Webshop Keurmerk guarantees the fulfilment of the binding advice of the Geschillencommissie Webshop Keurmerk by its members unless the member decides to submit the binding opinion within two months after the advice has been sent for review to the court. This guarantee revives if the binding opinion after review by the court has been maintained and the judgment which shows this has become final. Up to an amount of €10,000,- per binding opinion, this amount will be paid to the consumer by Webshop Keurmerk. For amounts greater than €10,000,- per binding opinion, €10,000,- will be paid. For the excess amount Webshop Keurmerk has an obligation to try to ensure that the member complies with the binding opinion.
For the purposes of this guarantee it is required that consumers lodge a written appeal to Webshop Keurmerk and that they transfer their claim on the company to Webshop Keurmerk. If the claim on the entrepreneur exceeds €10,000,- it will be offered to consumers to the extent that the claim in excess of €10,000,- will be transferred to Stichting Webshop Keurmerk, who will in its own name and costs shall try to get payment and fulfilment of these rights to consumers.

Article 19 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer's detriment and must be put in writing or be recorded in such a way that the consumer can stored them in an accessible manner on a long-term data carrier.

Article 20 - Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not change these general terms and conditions before consultation with the consumers association.
Amendments to these terms and conditions will only take effect after they have been published in the appropriate way, on the understanding that, in the event of applicable amendments during the term of an offer, the provision that is most favourable to consumers will 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 entrepreneur]

[ geographical address of the entrepreneur]

[ fax number of trader, if available]

[ email address or electronic address of trader]

I/We* hereby inform* you that I/We* withdraw from our contract concerning the sale of the following products: [product designation]*

the supply of the following digital content: [digital content designation]* the provision of the following service: [service designation]*, revoke/rescind*.
Ordered on*/received on* [date of order for services or date of receipt for products].
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)

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

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