These General Conditions of Stichting Webshop Keurmerk were established in consultation with the Consumer and NTO in the context of the Self (CZ) of the Social Economic Council and act for the Stichting Webshop Keurmerk into force on 1 July 2012.
These Terms will be used by all members of the Stichting Webshop Keurmerk excluding financial services as defined in the Financial Supervision Act and to the extent these services are supervised by the Financial Markets Authority. T
ARTICLE 1 - Definitions
ARTICLE 2 - Identity of the company
ARTICLE 3 - Applicability
ARTICLE 4 - The offer
ARTICLE 5 - The contract
ARTICLE 6 - Right of withdrawal
ARTICLE 7 - Costs in case of withdrawal
ARTICLE 8 - Exclusion of right of withdrawal
ARTICLE 9 - Price
ARTICLE 10 - Conformity and Guarantee
ARTICLE 11 - Delivery and execution of the order
ARTICLE 12 - Duration Transactions duration, termination and renewal
ARTICLE 13 - Payment
ARTICLE 14 - Complaints
ARTICLE 15 - Disputes
ARTICLE 16 - Trade Guarantee
ARTICLE 17 - Additional or different terms
ARTICLE 18 - Amendments to the General Conditions
Address and data Webshop Keurmerk
In these terms and conditions shall apply:
- Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract concerning a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: the ability for consumers within the waiting period to see the distance contract;
- Entrepreneur: the natural or legal person who is a member of the Stichting Webshop Keurmerk and products and / or remote services to the consumer;
- Distance contract: an agreement in the framework of a by the organized system for distance selling of products and / or services, to conclude the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area have come together.
Zondag Zonnevakmensen BV
5245 NL Rosmalen
Telephone No: +31 73 205 3090
E-mail: [email protected]
Chamber of Commerce number: 18055685
VAT identification number: NL817017872B01
1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
2. Before concluding a distance contract, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and at the request of the consumer as quickly as possible without any charge.
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 terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision for the most favorable is.
1. If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If the contractor uses these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
3. Each offer contains such information, that clear to the consumer what rights and obligations, to the acceptance of the offer are attached. This concerns in particular:
- the price including taxes;
- any costs of delivery;
- how the agreement will be concluded and which actions
- they require;
- whether to apply the right of withdrawal;
- the method of payment, delivery and performance of the contract;
- the period for accepting the offer, or the period within which the entrepreneur to the price;
- the level of the rate of distance communication if the cost of using the means of distance communication are calculated on a basis other than the regular fare for the means of communication;
- or the agreement after the adoption is filed, and if so in what way these consumers to consult;
- the way the consumer, for the conclusion of the contract, by him under the contract data to monitor and if necessary repair;
- any other languages, including Dutch, the contract can be concluded;
- the conduct to which the trader is subject and the way the consumer can conduct electronic can consult;
- the minimum duration of the distance contract in the event of an extended transaction.
1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer has accepted offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
4. The entrepreneur can - within the law - to inform consumers of its payment obligations, as well as all facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in the agreement not to go, he is entitled to a reasoned order or request or to refuse to implement special conditions attached.
5. The entrepreneur will the product or service 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, enclose:
the visiting address of the establishment of the operator where the consumer can lodge complaints;
b. the conditions and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and after-sales service;
d. in Article 4 paragraph 3 of these Terms and Conditions, unless the operator this information already provided to the consumer prior to the execution of the agreement;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
6. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.
1. The consumer can dissolve 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).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. 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, refuse an order for several products with different delivery times.
b. 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;
c. 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:
3. 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 oblige him to state his reason(s).
4. 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:
5. 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.
6. 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 received that information.
1. During the reflection 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.
2. 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 1.
3. 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.
4. Only shipping costs calculated by us for destinations within the EU are eligible for a refund.
5. Return costs for cancelled orders are always for the customer/consumer.
ARTICLE 8 - RIGHT OF EXCLUSION
1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous 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 observed the return period if he returns the product before the reflection period has expired.
3. 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.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
5. 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 bear the costs for return.
6. If the consumer withdraws after having first expressly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or certain quantity starts during the reflection period, the consumer is the The entrepreneur owes an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
7. The consumer shall 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;
b. the consumer has not expressly requested the commencement of the performance of the service or the delivery of gas, water, electricity or district heating during the reflection period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
a. prior to the delivery thereof, he has not expressly agreed to commence fulfillment of the agreement before the end of the reflection period;
b. he has not acknowledged to lose his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
9. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
1. During the period mentioned in the offer prices of the products and / or services have not increased, except for price changes resulting from changes in tax rates.
2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract 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 permitted if the trader has agreed and:
they are the result of statutory regulations or provisions, or
b. the consumer has the power to terminate as of the date the increase takes effect.
5. The supply of products or services mentioned prices include VAT.
1. The trader guarantees that the products and / or services meet the contract, the specifications stated 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 ensure that the product is suitable for other than normal use.
2. By the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer under the contract against the employer may assert.
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when 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. 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 be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
5. 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 agreed otherwise.
1. The consumer may contract for indefinite and that extends to the regular delivery of goods (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 goods (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of exceeding one month.
3. The consumer in the previous paragraphs agreements:
- Cancel at any time and not be limited to termination at any time or in a given period;
- At least recite the same way as they are entered into by him;
- Always terminate with the same notice as the entrepreneur himself has stipulated.
4. A contract for a definite period and that extends to the regulated
delivery of goods (including electricity) or services, may not be extended or tacitly renewed for a limited period.
5. Notwithstanding the preceding paragraph, a contract for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines tacitly renewed for a fixed period of up to three months, if the consumer extended agreement against the end of the extension may terminate with notice not exceeding one month.
6. A contract for a definite period and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period may be extended if the consumer may terminate with a notice period of one month and a notice of up three months in the event the Agreement is to regularly, but less than once per month, delivery of daily newspapers and weekly newspapers and magazines.
7. Agreements with a limited duration to the regular delivery for introduction of daily newspapers and weekly newspapers and magazines (trial or introductory subscription) is not implied continued and end automatically after the trial or introductory
8. If a contract has a duration of more than one year, the consumer after a year of the Agreement at any time with a notice period of up to one month terminate, unless the reasonableness and fairness against termination before the end of the term agreed otherwise.
1. Unless otherwise agreed, by the consumer amounts to be paid within 14 days of the start of the cooling period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, begins to run after the consumer has received confirmation of the contract.
2. When selling products to consumers in terms never a prepayment of more than 50% are stipulated. If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the advance payment has been made.
3. The consumer has the duty to inaccuracies in the supplied or specified payment immediately to the entrepreneur.
4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.
1. The entrepreneur has a well-publicized complaints and resolve the complaint under the complaints procedure.
2. Complaints about the execution of the agreement should take place promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. When the trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 14 days responded with a message confirming receipt and indicating when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaint form from the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint is then sent both to the trader concerned to Stichting Webshop Keurmerk.
5. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
1. On agreements between the entrepreneur and the consumer of these general terms and conditions, only Dutch law.
2. Disputes between consumers and entrepreneurs on the creation or implementation of agreements relating to these entrepreneurs delivered or delivered products and services, may, subject to the provisions below, both the consumer and the entrepreneur will be submitted to the Dispute Webshop , PO Box 90600, 2509 LP The Hague (www.sgc.nl).
3. A dispute by the Disputes Committee discussed only if the consumer complaint within a reasonable time to the trader.
4. Within three months after the dispute arose, the dispute in writing to the Disputes Committee to be made.
5. If the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the entrepreneur that wants to do, will the consumer within five weeks after a request by the contractor in writing request, submit in writing to speak if he so desires or the dispute will be treated by the competent court. Learn the entrepreneur consumer choice within the period of five weeks, the company is entitled to submit the dispute to the competent court.
6. The Arbitration Commission shall decide on the conditions as laid down in the Rules of the Arbitration Commission. The decisions of the Disputes Committee take the form of binding advice.
7. The Disputes Committee will not handle a dispute or will terminate if the entrepreneur moratorium is granted, the state of the bankrupt or his business has actually terminated, before a dispute by the Committee at the session and a final judgment is highlighted.
8. If in addition to the Disputes Committee Webshop another recognized or the Foundation for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) disputes committee is competent for disputes relating mainly to the method of sale or remote services the Disputes Committee Webshop exclusive jurisdiction . For all other disputes, the other recognized by the SGC or affiliated Kifid arbitration committee.
1. The Foundation Webshop Trustmark guarantees the fulfillment of the binding recommendations of the Dispute Webshop by its members unless the member decides the binding opinion within two months after its dispatch for review to the court for consideration. This guarantee revives if the binding advice after review by the court remained intact and the judgment confirming this, the force of res judicata. Up to an amount of € 10.000, - per binding opinion, this amount by the Stichting Webshop Keurmerk to the consumer paid. For amounts greater than € 10.000, - per binding opinion, is € 10.000, - paid. For many, the Foundation Webshop Trustmark an obligation to ensure that the member fulfills the binding advice.
2. For purposes of this guarantee requires the consumer a written appeal form to the Foundation Webshop Trustmark and that his claim on the trader transfers to the Foundation Webshop Trustmark. If the claim on the trader exceeds € 10.000, -, the consumer is presented his claim to the extent exceeding the amount of € 10.000, - comes over to the Foundation Webshop Trustmark, then this organization in its own name and the costs payment of these rights will ask to meet the consumer.
Additional or different provisions of these terms should not disadvantage the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.
1. The Stichting Webshop Keurmerk will not modify these general conditions in consultation with the Consumer.
2. Changes in these conditions are effective only after they have been published in the appropriate way, with the proviso that where amendments apply during the term of an offer for the consumers most favorable provision will prevail.
1071 HA Amsterdam
Last Updated July 1, 2012