Article 1 – Definitions
Article 2 – identity of the entrepreneur
Article 3 – scope of application
Article 4 – the offer
Article 5 – the agreement
Article 6 – right of withdrawal
Article 7 – obligations of the consumer during the cooling-off period
Article 8 – exercising the right of withdrawal by the consumer and cost
Article 9 – obligations of the entrepreneur in the case of withdrawals
Article 10 – exclusion of the right of withdrawal
Article 11 – the price
Article 12 – performance and extra warranty
Article 13 – delivery and execution
Article 14 – duration transactions: duration, cancellation and renewal
Article 15 – Payment
Article 16 – complaints procedure
Article 17 – disputes
Article 18 – additional or different terms
Article 1 – Definitions
In these conditions, the following definitions shall apply:
Additional agreementmeans an agreement whereby the consumer products, digital content and/or services acquires in connection with a distance contract and these matters, digital content and/or services are provided by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period during which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
Good bye: calendar day;
Digital content: data that are produced and supplied in digital form;
Expensive agreement: an agreement that aims at the regular delivery of goods, services and/or digital content over a certain period of time;
Durable medium: any device ? including email ? that enables the consumer or business owner information that is addressed to him personally, store in a way that future consultation or using it over a period of time adequate for the purpose for which it is intended, and which allows the unchanged reproduction of the information stored;
Right of withdrawal: the ability of the consumer to within the cooling-off period opt out of the contract;
Entrepreneur: the natural or legal person;
Distance contract: an agreement between the entrepreneur and the consumer under an organized system for distance selling of products, digital content and/or services until the conclusion of the agreement exclusively or shared use is made of one or more means of distance communication;
Model withdrawal form: it contained in annex I to this European model withdrawal form. Annex I need not be submitted if the consumer has no right of withdrawal in respect of his order;
Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur have to be met in the same room;
Article 2 – Identity of the entrepreneur
1056 SH Amsterdam
If the activity of the entrepreneur is subject to a relevant authorisation scheme: the data on the supervisory authority;
If the entrepreneur a regulated profession:the professional association or organisation in which it is connected;
the professional title, the place in the EU or the European economic area where this is granted;
a reference to the professional rules applicable in Netherlands and directions where and how this professional rules are accessible.
Article 3 – Applicability
These general conditions apply to all offers of the entrepreneur and on any distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will before the distance contract is concluded, which the General conditions at the entrepreneur and that at the request of the consumer as quickly as possible be sent free of charge.
If the distance contract is concluded electronically, then by way of derogation from the previous paragraph, and before the distance contract is concluded, the text of these general conditions to the consumer electronically will be made available in such a way that the consumer can easily stored on a durable medium. If this is not reasonably possible, will before the distance contract is concluded, be indicated where the General conditions by electronic means can be heard and that they are at the consumer’s request, by electronic means or otherwise will be sent free of charge.
In addition to these general conditions specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in the event of conflicting conditions always rely on the applicable provision that is most favorable to him.
Article 4 – The offer
If an offer is subject to a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to a proper assessment of the offer by the consumer as possible. If the entrepreneur uses pictures, these are a true reflection of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer shall be binding on the entrepreneur.
Every offer will contain such information that clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5 – The agreement
The agreement is subject to the provisions of paragraph 4, at the time the consumer accepts the offer and comply with the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will appropriate security measures.
The economic operator may within statutory frameworks ? about the consumer’s ability to fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur on the basis of this research has good reasons not to go to the agreement, he is entitled to refuse an order or request or motivated to implement special conditions.
The entrepreneur will look upon delivery of the product, service or digital content to the consumer the following information, in writing or in such a way that the consumer can store it on an accessible durable medium:
the visiting address of the trader’s business where the consumer can lodge complaints;
the conditions under which and how the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information on existing after-sales service and guarantees;
the price including all taxes of the product, service, or digital content; where applicable the costs of delivery; and the arrangements for payment, delivery or performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite;
If the consumer has a right of withdrawal, the model withdrawal form.
In case of an expensive transaction, the stipulation in the previous paragraph applies only to the first delivery.
For products:The consumer may contract with respect to the purchase of a product during a cooling-off period of 30 days without giving any reason. The entrepreneur may ask the consumer to the reason of withdrawal, but this not to retire of his reason (s).
The cooling-off period starts on the day after the consumer, or on behalf of third party other than the carrier, the product has received, or:
If the consumer has multiple products ordered in the same order: the day on which the consumer, or a third party designated by him, the final product has received. The entrepreneur may, provided that it the consumer here prior to the ordering process clearly has informed, on an order of several products with different delivery time refuse.
If the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or piece;
in the case of agreements for regular delivery of products over a period of time: the day on which the consumer, or a third party designated by him, the first product has received.
At services and digital content that is not on a material carrier is supplied:The consumer can be a services agreement and an agreement for delivery of digital content which is not supplied on a tangible medium for 30 days without giving any reason. The entrepreneur may ask the consumer to the reason of withdrawal, but this not to retire of his reason (s).
The cooling-off period referred to in paragraph 3 shall take effect on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that is not on a material carrier is included with no information on right of withdrawal:If the entrepreneur the consumer regulatory information about the right of withdrawal or has not supplied the model withdrawal form, runs the cooling-off time 12 months after the end of the original, in accordance with the previous paragraphs of this article set cooling-off period.
If the entrepreneur the information referred to in the previous paragraph the consumer has provided within 12 months of the effective date of the initial grace period expires, the cooling-off period 30 days after the day on which the consumer receives that information.
Article 7 – Obligations of the consumer during the cooling-off period
During this period the consumer shall handle with the product and its packaging. He will extract or use the product only to the extent necessary to the nature, characteristics and operation of the product. The starting point is that the consumer should only handle and inspect the product as he would in a store.
The consumer shall only be liable for depreciation of the product that is the result of a way of coping with the product that goes beyond allowed in paragraph 1.
The consumer shall not be liable for any depreciation of the product if the entrepreneur him not before or at the conclusion of the agreement all mandatory information about the right of withdrawal.
Article 8 – Exercise of the right of withdrawal by the consumer and cost
If the consumer exercises his right of withdrawal, he reports this within the cooling-off period using the standard withdrawal form or on other unambiguously to the entrepreneur.
As fast as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall send the product back, or he hands over this (a representative of) the entrepreneur. This need not be the product itself if the entrepreneur has offered to take away. The consumer has the return term in each case taken into account if he returns the product before the withdrawal period has expired.
The consumer shall send back the product with accessories, if reasonably possible all delivered in original condition and packaging, and in accordance with the reasonable and clear instructions 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 shall bear the direct cost of returning the product. If the entrepreneur has reported that the consumer has to bear these costs or if the entrepreneur indicates the costs themselves to wear, the consumer the cost to return not to wear.
If the consumer revokes it after first to have expressly requested that the rendering of the service, or the supply of gas, water or electricity that is not ready for sale are made in a limited volume or set quantity to begin during the reflection period, the consumer is the entrepreneur an amount in proportion to that part of the undertaking that is fulfilled by the entrepreneur at the time of revocation compared to the full compliance of the commitment.
The consumer shall not charge for the performance of services or the supply of water, gas or electricity, not put up for sale are made in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur, the consumer regulatory information about the right of withdrawal, the fee in case of withdrawal or the model withdrawal form has not supplied, or;
the consumer does not expressly to the start of the execution of the service or supply of gas, water, electricity or district heating during this period.
The consumer shall not charge for the full or partial delivery of not on a material carrier delivered digital content, if:
He prior to its delivery not expressly has agreed to the start of the performance of the agreement before the end of the cooling off period;
He has not recognized the right of withdrawal to lose in giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, any ancillary contracts shall be automatically dissolved.
Article 9 – Obligations of the entrepreneur in the case of withdrawals
If the entrepreneur the notification of withdrawal by the consumer allows electronically, it sends an acknowledgement of receipt of this notification without delay.
The trader shall reimburse all payments from the consumer, including any delivery charges will be charged by the company for the returned product without delay, but within 14 days following the day on which the consumer him the withdrawal reports. Unless the entrepreneur offers the product itself to take away, he may hold off until he has received the product or to refund the consumer shows that he has returned the product, according to what time is earlier.
The entrepreneur used to refund the same method of payment that the consumer, unless the consumer consents to another method. The repayment 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 the additional costs for the more expensive method non-refundable.
Article 10 – Exclusion of the right of withdrawal
The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur obviously at the offer, at least in time for the conclusion of the agreement, has stated:
Products or services the price of which is subject to fluctuations on the financial market in which the entrepreneur has no influence and located within the withdrawal period may occur
Agreements concluded at a public auction. Under a public auction ‘ means a method of sale where products, digital content and/or services are offered to the consumer by the trader who personally present or given the opportunity to be personally present at the auction, run by an auctioneer, and where the successful bidder is bound to purchase the products, digital content and/or services;
Services agreements, after full implementation of the service, but only if:
the implementation has begun with the consumer’s prior express consent; and
the consumer has stated that he loses his right of withdrawal once the trader has fully performed the contract;
Service contracts for provision of accommodation, as in the agreement a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements related to leisure activities, as in the agreement a specific date or period of implementation;
According to the consumer’s specifications manufactured products, which are not prefabricated and that 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 for reasons of health protection or hygiene are not suitable to be returned and were unsealed after delivery;
Products after delivery by their nature irrevocably mixed with other products;
Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, the delivery of which can take place only after 30 days, and the actual value of which is dependent on fluctuations in the market in which the entrepreneur has no influence;
Sealed audio, video recordings or computer software which were unsealed after delivery;
Newspapers, journals or magazines, with the exception of subscriptions thereon;
The supply of digital content other than on a material carrier, but only if:
the implementation has begun with the consumer’s prior express consent; and
the consumer stated that he loses his right of withdrawal.
Article 11 – The price
During the period mentioned in the offer prices of the products and/or services are not increased, except for price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the trader may products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur’s control, with variable prices. These fluctuations and the fact that any price mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or stipulations.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed and:
they are the result of statutory regulations or provisions; or
the consumer has the power to terminate the contract on the day on which the price increase takes effect.
The in the offer of products or services mentioned prices include VAT.
Article 12 – Performance agreement and additional guaranteed
The trader guarantees that the products and/or services fulfill 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 in that the product is suitable for other than normal use.
A by the entrepreneur, his supplier, manufacturer or importer extra warranty limited never the legal rights and claims that the consumer under the agreement in front of the entrepreneur can do apply if the entrepreneur has been guilty of serious misconduct in the performance of his part of the agreement.
Under Tools guaranteed shall mean any undertaking by the entrepreneur, his supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond that this is required by law in case he is guilty of serious misconduct in the performance of his part of the agreement.
Article 13 – Delivery and execution
The trader 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 to the entrepreneur.
Subject to what about this in article 4 of these general conditions, the entrepreneur accepted orders within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer of this no later than 30 days after the order was placed. The consumer in this case the right to terminate the contract without penalty and right to possible compensation.
After dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid without delay.
The risk of damage and/or loss of products rests with the trader up to the moment of delivery to the consumer to, unless otherwise expressly agreed.
Termination:The consumer may contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time terminate the applicable termination rules and a notice of up to one month.
The consumer may contract for a definite period, which extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed period terminate the applicable termination rules and a notice of up to one month.
The consumer can the agreements mentioned in the previous paragraphs:
Cancel at any time and not be limited to cancellation at some time or in a given period;
Cancel at least in the same way as they are entered into by him;
cancel the same notice period as the entrepreneur has negotiated for themselves.
Extension:A contract for a definite period, which extends to the regular delivery of products (including electricity) or services should not be extended or renewed tacitly for a certain duration.
By way of derogation from the previous paragraph may be a contract for a definite period, which extends to the regular delivery of daily news and weekly newspapers and magazines tacitly be extended for a fixed period of up to three months, if the consumer this extended agreement by the end of the extension may cancel with a notice of up to one month.
A contract for a definite period, which extends to the regular delivery of products or services, may only be extended tacitly for an indefinite period if the consumer may cancel at any time with a notice of up to one month. The notice period is not more than three months in the event the agreement extends to the regular, but less than once a month, delivering day, news and weekly newspapers and magazines.
An agreement with limited duration to the arranged to deliver day-introduction, news and weekly newspapers and magazines (trial or introductory subscription) is not implied continued and ends automatically at the end of the trial or introductory period.
Duration:As an agreement has a duration of more than one year, should the consumer after a year the agreement at any time with a notice of up to one month cancellation, unless the reasonableness and fairness against ³ ³ Ã r termination before the end of the agreed duration.
Article 15 – Payment
Unless otherwise provided in the agreement or additional terms, amounts owed by the consumer to be paid within 14 days after the beginning of the cooling-off period, or in the absence of a cooling-off period within 14 days after the close of the agreement. In the case of a contract for the provision of a service, captures this term on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, consumers in general conditions never be obliged to advance payment in excess of 50%. When payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has been made.
The consumer is obliged to have inaccuracies in payment data provided or stated to report without delay to the economic operator.
If the consumer does not make his payment obligation (s), this is by the entrepreneur, after he mentioned the late payment and the entrepreneur has awarded the consumer a period of 14 days to still his payment obligations to , after failing payment within this 14-day-term, the statutory interest on the outstanding amount and the entrepreneur is entitled the extrajudicial collection costs. This collection costs shall not exceed the following levels: 15% on outstanding amounts to ?2,500, =; 10% over the subsequent ?2,500, = and 5% on the following with a minimum of ?40 ?5,000, =, =. The entrepreneur can for the benefit of consumers differ from amounts and percentages.
Article 16 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract should the defects after the consumer has found, fully and clearly described and submitted to the entrepreneur.
At the within a period of 14 days after the date of receipt. If a complaint longer processing time, the entrepreneur within the period of 14 days replied with a message of receipt and an indication when the consumer can expect a more detailed answer.
The consumer should the entrepreneur at least 4 weeks to allow time to resolve the complaint by mutual agreement. After this term creates a dispute subject to the dispute resolution.
Article 17 – Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, is exclusively Dutch law is applicable.
Disputes between the consumer and the trader about the creation or implementation of agreements related to by this entrepreneur to deliver products and services, or may, having due regard to the provisions set out below, both by the be submitted to the home-shopping disputes Committee, p.o. box 90600, 2509 LP the Hague (www.sgc.nl).
A dispute is referred to by the Arbitration Committee only dealt with, if the consumer exercises his complaint within a reasonable time to the trader first.
Leads the complaint does not lead to a solution then the dispute no later than 12 months after the date on which the consumer the complaint submitted to the entrepreneur, in writing or in another form by the Commission be brought before the Arbitration Committee.
When the consumer wants to submit a dispute to the Arbitration Board, the entrepreneur is bound to this choice. Preferably the consumer reports this to the trader first.
When the entrepreneur wants to submit a dispute to the Arbitration Board, the consumer within five weeks after a request made in writing for that purpose by the entrepreneur, he entitled to speak or this wish or want to let the dispute also dealt with by the competent judge. Learns the entrepreneur not consumer choice within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
The Arbitration Board shall rule under the conditions as set out in the regulations of the disputes Committee (www.degeschillencommissie.nl/over-us/de-committees/2404/home shopping). The decisions of the Arbitration Board are in the form of binding advice.
The disputes Committee will not deal with a dispute or the treatment discontinuation, suspension of payment is granted, bankrupt or are business discontinued, before a dispute was dealt with by the Commission at the hearing and a final judgement.
If in addition to the home-shopping disputes Committee or another recognised at the Foundation for Consumer Affairs (SGC) or the Complaints Institute financial services (Kifid) Complaints Board is connected, for disputes concerning mainly the method of distance sales or service-provision scheme the home-shopping disputes Committee preferably competent. For all other disputes, the other recognised at SGC or Kifid disputes Committee.
Article 18 – Additional or different terms
Additional or different terms these terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable medium.