General Conditions Stichting Webshop Keurmerk
These general terms and conditions will be used by all members of the Stichting Webshop keurmerk (hereafter Webshop keurmerk) with the exception of financial services as referred to in the financial supervision Act and to the extent that these services under the supervision of the Authority
Financial Markets.
CONTENT
ARTICLE 1-Definitions 1
ARTICLE 2-Identity of the entrepreneur 2
ARTICLE 3-Applicability 2
ARTICLE 4-the offer 3
ARTICLE 5-The agreement 4
ARTICLE 6-right of withdrawal 4
ARTICLE 7-Costs in case of revocation 5
ARTICLE 8-Exclusion 5 right of withdrawal
ARTICLE 9-The price 5
ARTICLE 10-Conformity and guarantee 6
ARTICLE 11-Delivery and implementation 6
ARTICLE 12-Duration transactions 7
ARTICLE 13-Payment 7
ARTICLE 14-Complaints Scheme 7
ARTICLE 15-Disputes 8
ARTICLE 16-additional or different provisions 8
ARTICLE 17-Modification of the terms and conditions ' Webshop keurmerk ' 8
ARTICLE 1 – Definitions
In these conditions the following definitions shall apply:
Entrepreneur: the natural or legal personthat is connected to the Stichting Webshop keurmerk and products and/or services at a distance offers to consumers;
: Consumer the natural person who is not acting in the exercise of profession or business and a distance contract with the operator;
Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services,
up to and including the conclusion of the agreement makes exclusive use of one or
more means of distance communication;
Technique for distance communication: means that can be used to close
of an agreement, without that consumer and entrepreneur in the same room simultaneously are met;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for consumers to within the cooling-off period to abandon of the distance contract;
Day: calendar day;
Duration transaction: a distance contract relating to a range of products and/or services, whose supply and/or purchase obligation is spread in the time;
Sustainable data bearer: any means that enables the consumer or entrepreneur information provided to him personally is targeted, store in a way thatfuture consultation and unaltered reproduction of the information stored.
ARTICLE 2-Identity of the entrepreneur
[Name entrepreneur] (registered name, possibly supplemented by trade name);
[Street Address];
[Visit address, if it differs from the location address];
[Phone number] and time (s) to which the entrepreneur to reach by telephone is:
E-mail address:
KvK-number:
VAT identification number:
If the activity of the operator is subject to a relevant authorisation scheme: the
information about the supervisory authority;
If the entrepreneur a regulated profession:
− the professional association or organization to which he is connected;
− the professional title, the place in the EU or the European economic area where this is
granted;
− a reference to the applicable professional rules in Netherlands and
directions where and how this professional rules are accessible.
ARTICLE 3 – Applicability
1. these general terms and conditions apply to all offers of the entrepreneur and
on each remote agreement negotiated between entrepreneur and consumer.
2. Before the agreementon distance is closed, the text of this
General conditions made available to the consumer. If this
is not reasonably possible, will before the distance contract is concluded,
be indicated that the General conditions for the entrepreneur in seeing and
at the request of the consumer as quickly as possible be sent free of charge.
3. If the distance contract is concluded electronically, by way of derogation from
the previous paragraph and before the distance contract is concluded, the text of this
General terms and conditions electronically available to the consumer
be made in such a way that by the consumer on a simple
way can be stored on a durable data carrier. If this
is not reasonably possible, will before the distance contract is concluded,
be indicated where the General conditions can electronically
be heard and that they at the request of the consumer by electronic
road or otherwise will be sent free of charge.
4. in the event that in addition to these general conditions also specific product-or
services conditions apply, is the second and third paragraph of
analogy and the consumer can in case of conflicting
General terms and conditions, rely on the applicableprovision for him
most favourable.
ARTICLE 4-the offer
1. If an offer has a limited validity or under conditions,
This is expressly stated in the offer.
2. The offer includes a complete and accurate description of the offered
products and/or services. The description is sufficiently detailed to be a good
assessment of the offer by the consumer as possible. If the entrepreneur
uses of these images are a truthful view of the
offered products and/or services. Obvious mistakes or errors in the offer
bind the entrepreneur not.
3. each offer contains such information, that is clear to consumers what the
rights and obligations, which are connected to the acceptance of the offer.
This concerns in particular:
− the price including taxes;
− any costs of delivery;
− the way in which the agreement will come and what acts
are required;
− whether or not to apply the right of withdrawal;
− the method of payment, delivery or implementation of the agreement;
− the deadline for acceptance of the offer, or the deadline for the unconditional
do the price remains valid;
− the height of the tariff for distance communication if the cost of the
use of the means of distance communication are calculated on a
other than at the basic rate;
− If the agreement after the creation is archived, how
This is to consult for the consumer;
− the way for the conclusion of the agreement of the consumer by
not him sought after acts on the height can get, as well as the manner
which he can recover before the agreement is reached;
− any languages in which, in addition to the Dutch, the contract may be
closed;
− the codes of conduct which the entrepreneur has subject and the way
on which the consumer can consult these codes electronically;
and
− the minimum duration of the distance contract in the case of an agreement
which aims at continuous or periodic delivery of products or services.
ARTICLE 5-The agreement
1. the agreement, subject to the provisions of paragraph 4, to stand at the
time of acceptance by the consumer of the provision and meet the
conditions laid down in this.
2. Ifthe consumer has accepted the offer electronically, confirms the
entrepreneur without delay inform by electronic means receipt of the acceptance of
the offer. As long as the receipt of such acceptance is not confirmed, the
consumer rescind the contract.
3. If the agreement electronically, the entrepreneur shall take appropriate
technical and organisational measures to protect the electronic
transfer of data and he provides for a safe Web environment. If the consumer
can pay electronically, the entrepreneur will appropriate security measures in
take eight.
4. The entrepreneur can – within legal frameworks – or notify the
consumer to fulfil his payment obligations, and of all those facts and
factors that are important for responsible conclusion of the agreement on
distance. If the entrepreneur on the basis of this research has good grounds to the
agreement not to go, he is entitled motivated an order or request
refuse or to implement special conditions.
5. The entrepreneur will be at the product or service to the consumer the following information,
in writing or in such a way that by the consumer in an accessible
way can be stored on a durable data carrier, indicating:
a. the visiting address of the location of the entrepreneur where the consumer with
may address any complaints;
b. the conditions under which and the manner in which the consumer of the
right of withdrawal can use, or a prominent notice on the
are excluded from the right of withdrawal;
c. the information about existing service after purchase and guarantees;
d. paragraph 3 in article 4 of these terms and conditions included data, unless the
entrepreneur has provided this information is already to the consumer before the implementation
der agreement;
e. the requirements for termination of the agreement if the agreement duration
has more than one year or indefinite duration.
6. If the entrepreneur has committed itself to delivering a range of products or
services is the provision in the previous paragraph shall apply only to the first delivery.
ARTICLE 6 – right of withdrawal
In the case of delivery of products:
1. the purchase of consumer products has the possibility of the agreement
without giving any reasons to dissolve during at least fourteen days. This
run on the day after receipt of the product by or on behalf of the consumer.
2. during this period, consumers will carefully deal with the product and the
packaging. He will use the product only to the extent extract or as far as
that is necessary in order to assess whether he wishes to preserve the product. If he
his right of withdrawal, he will the product with all delivered
accessories and – if reasonably possible-in the original condition and packaging
return to the entrepreneur, in accordance with the provided by the entrepreneur and reasonable
clear instructions.
In the case of delivery of services:
3. in case of delivery of services has the consumer the possibility the agreement without
Declaration of reasons to dissolve during at least fourteen days, beginning on the
day of the conclusion of the agreement.
4. to make use of his right of withdrawal, the consumer will focus to the
by the entrepreneur in the offer and/or relevant latest at the time of delivery provided
reasonable and clear instructions.
ARTICLE 7-Costs in case of revocation
1. If the consumer makes use of his right of withdrawal, not exceeding the
cost of return to his account.
2. If the consumer has paid an amount, the entrepreneur will this amount as soon as
possible, but no later than within 30 days after the revocation, return or refund.
ARTICLE 8-Exclusion right of withdrawal
1. If the consumer does not have a right of withdrawal, this can be excluded by the entrepreneur only presented clearly in the offer, at least this entrepreneur in time for the conclusion of the agreement, has mentioned.
2. exclusion of the right of withdrawal is possible only for products:
a. that is established by the operator in accordance with specifications of the
consumers;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that are liable to deteriorate or expire rapidly;
e. the price of which is dependent on fluctuations in the financial market outside the
entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio-and video-recordings and computer software which the consumer
seal has broken.
3. exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, catering or leisure to do it
a certain date or during a certain period;
b. whose delivery with express consent of the consumer is started
before the cooling-off period has expired;
c. on bets and lotteries.
ARTICLE9-The price
1. during the period of validity indicated in the offer, the prices of the
offered products and/or services are not increased, subject to price changes
result of changes in VAT rates.
2. by way of derogation from the previous paragraph, the entrepreneur whose products or services
prices are bound to fluctuations in the financial market and where the
entrepreneur has no influence on, with variable prices offer. This bondage
to fluctuations and the fact that any prices are guide prices
in the offer.
3. price increases within 3 months after the conclusion of the agreement are
only allowed if they are the result of statutory regulations or provisions.
4. price increases from 3 months after the conclusion of the agreement are
only allowed if the entrepreneur has stipulated this and:
a. These are the result of statutory regulations or provisions; or
b. the agreement on the consumer has the power to say against the day
which the price increase takes effect.
5. the supply of products or services mentioned prices include VAT.
ARTICLE 10-Conformity and guarantee
1. The operator guarantees that the productsand/or services meet the
Agreement, the specifications listed in the offer, to the reasonable requirements of
soundness and/or usability and on the date of the establishment of the
agreement existing legal provisions and/or Government regulations.
2. A manufacturer or importer by the entrepreneur, as a guarantee scheme offered does
without prejudice to the rights and claims that the consumer in respect of a failure
in the fulfilment of the obligations of the entrepreneur to the entrepreneur can
do apply on the basis of the law and/or the distance contract.
ARTICLE 11-Delivery and implementation
1. The entrepreneur will take the greatest possible care in eight in
and in the implementation of orders of products and the
assessing applications to granting of services.
2. the place of delivery is the address that the consumer has known to the company
created.
3. With regard to which in article 4 of these terms and conditions
mentioned, the company will accepted orders promptly but not later than
run within 30 days unless a longer delivery period is agreed. If the
delivery is delayed, or if an order is not or only
partially can be successful, the consumer not later than one month
After he has placed the order message. In that case, the consumer has the right
to dissolve the agreement without costs and the right to any compensation.
4. In case of dissolution in accordance with the previous paragraph will the entrepreneur the amount that the
consumer has paid as soon as possible but no later than within 30 days after
dissolution, repay.
5. If delivery of a product ordered proves impossible, the entrepreneur
endeavour to make available a replacement article. At the latest at the
delivery will be reported in a clear and comprehensible way that a replacement
article is delivered. When replacement items can not be the right of withdrawal
excluded. The costs of return are borne by the entrepreneur.
6. the risk of damage and/or loss of products rests until the time of
delivery to the consumer at the entrepreneur, unless otherwise expressly
agreed.
ARTICLE 12 – Duration transactions
1. the consumer may require an agreement that is entered into for an indefinite period of time to all
terminate times agreed termination rules and a
notice ofa maximum of one month.
2. has entered into an agreement that for some time has a maturity of up to
two years. If has corresponded that the consumer's silence at the
distance contract will be extended, the agreement will be continued
If a contract for an indefinite period and will notice after continuation of
the agreement up to one month.
ARTICLE 13 – Payment
1. insofar as the submit not later agreed by the consumer payment
amounts to be paid within fourteen days after delivery of the goods or in case
of an agreement to the provision of a service, within 14 days after issuance of the
This agreement on modest.
2. in the sale of products to consumers in general conditions may never
a prepayment of more than 50% are stipulated. When prepayment is
agreed, the consumer may assert no rights on the implementation of
the relevant order or service (s), before the stipulated for payment has
place.
3. The consumer has the duty to inaccuracies in payment information listed or provided
to report forthwith to the entrepreneur.
4. In case of default of the consumerhas the operator subject to legal
restrictions, the right to advance to the consumer expressed reasonable cost
to charge.
ARTICLE 14 – complaints
1. The entrepreneur shall have a sufficient publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
2. complaints about the implementation of the agreement within a reasonable time, fully and clearly defined must be submitted to the entrepreneur, after the consumer has the defects found.
3. complaints to the entrepreneur within a period of 14 days from the date of receipt Forum. If a complaint requires a predictable longer processing time, the entrepreneur within the period of 14 days replied with a message of receipt and an indication if the consumer can expect a more detailed reply.
4. A complaint about a product, service or the service of the entrepreneur may also be submitted through a complaint form on the website of the Foundation Webshop keurmerk www.keurmerk.info. The complaint is then both to the entrepreneur as the Stichting Webshop keurmerk.
5. If the complaint is not resolved by mutual agreement can be a dispute that arises
pronefor the settlement of disputes.
ARTICLE 15-Disputes
1. agreements between the entrepreneur and the consumer to which these General
conditions relate, is exclusively governed by Dutch law.
2. disputes between the consumer and the entrepreneur about the creation or implementation
of agreements relating to this entrepreneur to deliver or supplied
products and services, may, subject to the following certain, both by
the consumer if the entrepreneur Disputes be submitted to the Commission
Webshop keurmerk via info@keurmerk.info.
3. a dispute is taken by the Commission Disputes only in treatment, if
the first consumer complaint within a reasonable time to the entrepreneur has
submitted.
4. The Commission Disputes will not treat a dispute or the treatment,
If the entrepreneur moratorium of payment has been granted, the State of
bankruptcy is hit or its business activities has actually ended.
5. If in addition the Commission Disputes ' Webshop keurmerk ' a other recognised or
Foundation Disputes committees for Consumer Affairs (SGC) or the
Complaints Institute financial services (Kifid) connected disputes Commission
jurisdiction for disputesthat other disputes Commission are exclusively competent.
ARTICLE 16-additional or different provisions
Additional derogations from these general terms and conditions may not
the detriment of the consumer and must be in writing or in such a way as to
form by the consumer in an accessible way can be stored on
a durable data carrier.
ARTICLE 17-Modification of the terms and conditionsStichting Webshop Keurmerk
1. changes to these terms and conditions are in force only for after this manner on appropriate have been published, with the proviso, that applicable changes during the duration of an offer for the consumer the most favourable provision will prevail.
Address: Stichting Webshop keurmerk willemsparkweg 193, 1071 Amsterdam HA.
Last modified 28 april 2011