General Terms and Conditions of Thuiswinkel
These General Terms and Conditions of the Dutch Thuiswinkel Organization (hereinafter: Thuiswinkel.org) were drawn up in consultation with the Consumers' Association within the framework of the Coordination Group Self-regulation Consultation (CZ) of the Social and Economic Council and will come into effect on 1 June 2014.
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 - Compliance and extra guarantee
Article 13 - Delivery and implementation
Article 14 - Duration transactions: duration, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Industry guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendments to the General Terms and Conditions of Thuiswinkel
In these conditions the following terms have the following meanings:
- Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Time for reflection: 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 professional activity;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
- 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 facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the option of the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and / or services to consumers from a distance;
- Distance Agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby up to and including the conclusion of the agreement, exclusive or partial use is made of one or more remote communication techniques;
- Model withdrawal form: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not need to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Name of entrepreneur: LAB1965;
Business and visiting address: Ordenplein 3, 7312NK Apeldoorn;
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 72301805
VAT identification number: NL100405666B02
If the activity of the entrepreneur is subject to a relevant licensing system:
- the details of the supervisory authority.
If the entrepreneur practices a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules are accessible.
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- 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, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- 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 can always rely on the applicable provision that is most favorable to him in the event of conflicting conditions. .
- If an offer has a limited period of validity 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 representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
- Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm 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 can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within the legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send 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 establishment of the entrepreneur where the consumer can go with complaints; - the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; - the information about guarantees and existing after-sales service; - the price, including all taxes, of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has a right of withdrawal, the model withdrawal form.
- In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
- For products: - The consumer can dissolve an agreement regarding the purchase of a product without giving reasons during a reflection period of 101 days. The entrepreneur may ask the consumer for the reason for the withdrawal, but not oblige him to state his reason (s). - 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: - if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, 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. - if the delivery of a product consists of different 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;
- 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 store.
- The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for a decrease in value 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.
- If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
- As soon as possible, but within 101 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
- 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.
- The risk and the 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 entrepreneur has not reported that the consumer must 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 returning the goods.
- If the consumer withdraws after having first explicitly 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 specific quantity commences during the reflection period, the consumer is the entrepreneur a amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which 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 cost reimbursement in the event of withdrawal or the model withdrawal form, or;
- the consumer has not explicitly requested the start of the execution of the service or the supply of gas, water, electricity or district heating during the reflection period.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: - prior to delivery, he has not explicitly agreed to commence the fulfillment of the agreement before the end of the reflection period
- he has not acknowledged losing his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:
- Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may 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 is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and / or services;
- Service contracts, after full performance of the service, but only if: - the performance has started with the express prior consent of the consumer; and - the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;
- Package travel as referred to in Article 7: 500 BW and passenger transport agreements;
- Service agreements for the provision of accommodation, if a specific date or period of execution is provided for in the agreement and other than for residential purposes, goods transport, car rental services and catering;
- Agreements with regard to leisure activities, if a specific date or period of execution is provided for in the agreement;
- Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- 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 of which the seal has been broken after delivery;
- Products that by their nature are irrevocably mixed with other products after delivery;
- Alcoholic drinks of which the price was 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 depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, magazines or magazines, with the exception of subscriptions to these;
- The delivery of digital content other than on a tangible medium, but only if:
- the performance has begun with the express prior consent of the consumer; and
- the consumer has stated that he will lose his right of withdrawal by doing so.
- During the period of validity stated in the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- The prices stated in the offer of products or services include VAT.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. They are the result of statutory regulations or provisions; or b.the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
- The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement 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 can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- An additional guarantee is understood to mean any obligation 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 obliged to do in case he has failed to fulfill his part of the agreement. .
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 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 placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
- 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 explicitly agreed otherwise.
- The consumer can terminate an agreement that has been concluded 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 cancellation rules and a notice period of no more than one month.
- The consumer can terminate a contract that has been 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 specified term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
- The consumer can cancel the agreements referred to in the previous paragraphs: - at any time and not be limited to termination at a specific time or in a specific period; - at least cancel in the same way as they have been entered into by him; - always cancel with the same notice period if the entrepreneur has stipulated for himself.
- An agreement that has been 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 renewed for a specified period.
- Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period of no more than one month.
- A contract that has been 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 may cancel at any time with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- 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 at the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
- Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 101 days after the start of the cooling-off period, or in the absence of a cooling-off period within 101 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the order or service (s) before the stipulated advance payment has been made.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 101 days to still fulfill his payment obligations, after the non-payment within this 101-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 101 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 101 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
- A complaint about a product, service or the entrepreneur's service can also be submitted via a complaints form on the consumer page of the Thuiswinkel.org website. www.thuiswinkel.org. The complaint will then be sent to both the relevant entrepreneur and Thuiswinkel.org.
- The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
- Disputes between the consumer and the entrepreneur about the conclusion or implementation of agreements with regard to products and services to be delivered or delivered by this entrepreneur can, with due observance of the provisions below, be submitted by both the consumer and the entrepreneur to the Thuiswinkel Disputes Committee. , PO Box 90600, 2509 LP in The Hague (www.sgc.nl).
- A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- If the complaint does not lead to a solution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.
- If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. Preferably, the consumer first reports this to the entrepreneur.
- If the entrepreneur wishes to submit a dispute to the Disputes Committee, the consumer will have to state in writing within five weeks of a written request made by the entrepreneur whether he wishes to do so or whether he wishes to have the dispute dealt with by the competent court. If the entrepreneur does not hear of the consumer's choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.
- The Disputes Committee makes a decision under the conditions as set out in the regulations of the Disputes Committee (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The decisions of the Disputes Committee are made by way of binding advice.
- The Disputes Committee will not deal with a dispute or will cease handling it if the entrepreneur has been granted a moratorium, has become bankrupt or has actually terminated its business activities, before a dispute has been dealt with by the committee at the hearing and a final decision. has been pointed out.
- If, in addition to the Thuiswinkel Disputes Committee, another disputes committee recognized or affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is competent, the Thuiswinkel Disputes Committee is preferably competent for disputes mainly concerning the method of selling or remote services. . For all other disputes the other recognized disputes committee affiliated with SGC or Kifid.
- Thuiswinkel.org guarantees that its members will comply with the binding advice of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee is revived if the binding advice has been upheld after a court review and the judgment proving this has become final. Up to a maximum amount of € 10,000 per binding advice, this amount will be paid by Thuiswinkel.org to the consumer. For amounts greater than € 10,000 per binding advice, € 10,000 will be paid. For the excess, Thuiswinkel.org has a best efforts obligation to ensure that the member complies with the binding advice.
- Application of this guarantee requires that the consumer makes a written appeal to Thuiswinkel.org and that he transfers his claim against the entrepreneur to Thuiswinkel.org. If the claim against the entrepreneur is more than € 10,000, the consumer is offered to transfer his claim to Thuiswinkel.org in so far as it exceeds the amount of € 10,000, after which this organization will make the payment in its own name and costs. will legally request this to satisfy the consumer.
Additional provisions or provisions deviating 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 they can be stored by the consumer in an accessible manner on a durable data carrier.
- Thuiswinkel.org will not change these general terms and conditions other than in consultation with the Consumers' Association.
- Changes to these terms and conditions are only effective after they have been published in an appropriate manner, on the understanding that in the event of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.
You can make use of it European model form for withdrawal to notify us that you are canceling the purchase. However, use of this form is not mandatory.
However, you can also use our own model withdrawal form (only complete and return this form if you wish to withdraw from the contract):
To: Lovetrigger Ordenplein 3, 7312NK Apeldoorn E-mail: email@example.com
I hereby inform you that I cancel our agreement regarding the sale of the following products:
________________________________________________________________________________ ________________________________________________________________________________ want to revoke.
Received on: _______________________
Order number: _______________________
Signature: _______________________ (only required if this form is submitted on paper)
Horaplantsoen 20, 6717 LT Ede
PO Box 7001, 6710 CB Ede