Terms and Conditions

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 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Ongoing Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

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**Article 1 – Definitions**

In these terms and conditions, the following definitions apply:

– **Cooling-off period:** The period within which the consumer can exercise their right of withdrawal.
– **Consumer:** A natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
– **Day:** Calendar day.
– **Ongoing transaction:** A distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.
– **Durable medium:** Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
– **Right of withdrawal:** The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
– **Model form:** The model form for withdrawal provided by the entrepreneur that a consumer can fill out if they wish to exercise their right of withdrawal.
– **Entrepreneur:** The natural or legal person who offers products and/or services to consumers at a distance.
– **Distance contract:** A contract concluded between the entrepreneur and the consumer as part of an organized system for the distance sale of products and/or services, where up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
– **Means of distance communication:** A means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space at the same time.
– **General Terms and Conditions:** The present General Terms and Conditions of the entrepreneur.

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**Article 2 – Identity of the Entrepreneur**

[Name of entrepreneur] (statutory name, possibly supplemented by trade name);[Business address];[Visiting address, if different from the business address];
Telephone number: [and time(s) when the entrepreneur can be reached by phone];
Email address: [enter your email address here];
Chamber of Commerce number: [enter your Chamber of Commerce number here];
VAT identification number: [enter your VAT number here];

If the entrepreneur’s activity is subject to a relevant licensing regime: details about the supervisory authority:
If the entrepreneur practices a regulated profession:
– The professional association or organization to which they belong;
– The professional title and the place in the EU or the European Economic Area where it was granted;
– A reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

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**Article 3 – Applicability**

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge at their request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer may, in case of conflicting general terms and conditions, always invoke the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall otherwise remain in effect, and the relevant provision shall be replaced by mutual agreement without delay by a provision that approximates the original as closely as possible.
6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our conditions should be explained ‘in the spirit’ of these general terms and conditions.

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**Article 4 – The Offer**

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This particularly concerns:
– the price, including taxes;
– any shipping costs;
– the manner in which the agreement will be concluded and what actions are necessary for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery, and execution of the agreement;
– the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
– the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the communication method used;
– whether the agreement will be archived after its conclusion, and if so, in what way it can be accessed by the consumer;
– the way in which the consumer can check and, if necessary, correct the information provided in the context of the agreement before concluding the agreement;
– any other languages in which, in addition to Dutch, the agreement can be concluded;
– the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes electronically;
– and the minimum duration of the distance contract in case of an ongoing transaction.
– Optional: available sizes, colors, type of materials.

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**Article 5 – The Agreement**

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – investigate whether the consumer can meet their 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, they are entitled to refuse a request or order, or to attach special conditions to the execution.
5. The entrepreneur will, upon delivery of the product or service to the consumer, provide the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
– the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
– the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– the information on existing after-sales services and guarantees;
– the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
– the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

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**Article 6 – Right of Withdrawal**

**For product delivery:**

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period 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.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must make this known using the model form. After the consumer has made it known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in a timely manner, for example, through proof of shipment.
4. If, at the end of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

**For the provision of services:**

1. When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
2. To exercise their right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur during the offer and/or at the latest upon delivery.

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**Article 7 – Costs in Case of Withdrawal**

1. If the consumer exercises their right of withdrawal, the maximum they will be charged is the cost of returning the goods.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be presented.

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**Article 8 – Exclusion of the Right of Withdrawal**

1. The entrepreneur can 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 entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
– that have been created by the entrepreneur in accordance with the consumer’s specifications;
– that are clearly personal in nature;
– that cannot be returned due to their nature;
– that can spoil or age quickly;
– whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
– for single newspapers and magazines;
– for audio and video recordings and computer software where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
– concerning accommodation, transport, restaurant services, or to carry out leisure activities on a certain date or during a certain period;
– the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
– concerning betting and lotteries.

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**Article 9 – The Price**

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to 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 dependence on fluctuations and the fact that any listed prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
– they are the result of statutory regulations or provisions; or
– the consumer has the authority to terminate the agreement from the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

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**Article 10 – Conformity and Warranty**

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 usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in the original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s 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.
5. The warranty does not apply if:
– The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
– The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
– The inadequacy is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

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**Article 11 – Delivery and Execution**

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated 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 period. If delivery is delayed, or if an order cannot or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution under paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will strive to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
7. 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 representative made known to the entrepreneur unless expressly agreed otherwise.

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**Article 12 – Ongoing Transactions: Duration, Termination, and Renewal**

**Termination:**

1. The consumer can terminate an agreement entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of at most one month.
2. The consumer can terminate an agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term with due observance of the agreed termination rules and a notice period of at most one month.
3. The consumer can terminate the agreements mentioned in the previous paragraphs:
– at any time and not be limited to termination at a specific time or during a specific period;
– at least in the same way as they were entered into by the consumer;
– always with the same notice period as the entrepreneur has stipulated for themselves.

**Extension:**

1. An agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
2. Contrary to the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most one month.
3. An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with a notice period of at most one month. The notice period is at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

**Duration

:**

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month unless reasonableness and fairness dictate otherwise.

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**Article 13 – Payment**

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

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**Article 14 – Complaints Procedure**

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period 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 procedure.
5. In the event of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved in mutual consultation, the consumer must turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate for free. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option to have their complaint handled by the independent dispute resolution committee appointed by Stichting WebwinkelKeur, the decision of which is binding, and both the entrepreneur and the consumer agree to this binding decision.
6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

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**Article 15 – Disputes**

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

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**Article 16 – Additional or Deviating Provisions**

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

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**Article 17 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk**

1. Stichting Webshop Keurmerk will only amend these general terms and conditions in consultation with the Consumer’s Association.
2. Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, with the understanding that in the event of applicable amendments during the term of an offer, the provision most favorable to the consumer will prevail.