General Terms and Conditions

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General Terms and Conditions
CONTENTS
 
Article 1  - Definitions                                              
Article 2  - The Entrepreneur’s identity                      
Article 3  - Applicability                                            
Article 4  - The offer                                       
Article 5  - The agreement                                       
Article 6  - Right of withdrawal                                  
Article 7  - Consumer’s obligations during the reflection period                           
Article 8  - Exercising the Consumer’s right of withdrawal and the costs    
Article 9  - Entrepreneur’s obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal          
Article 11 - The price                                      
Article 12 - Compliance and extra guaranty                         
Article 13 - Delivery and execution                            
Article 14 - Continuing performance contract: duration, termination and extension
Article 15 - Payment                                                
Article 16 - Complaints procedure                             
Article 17 - Disputes                                                
Article 18 - Additional or varying provisions     
       
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:

1.         Additional agreement: an agreement in which the Consumer acquires         products, digital content and/or services with respect to a distance agreement         and these goods, digital content and/or services are delivered by the         Entrepreneur or a third party on the basis of an arrangement between this         third party and the Entrepreneur;
2.         Reflection period: the period during which the Consumer may use his         right of withdrawal;

4.         Day: calendar day;
5.         Digital content: data produced and delivered in digital form;
6.         Continuing performance contract: a contract serving to deliver goods,         services and/or digital content in a given period;
7.         Sustainable data carrier: any means, including email, that allow the         Consumer or the Entrepreneur to store information directed to him/her         personally in such a manner that makes future consultation and use possible         during a period that matches the purpose for which the information is         destined and which makes unaltered reproduction of the stored information         possible.
8.         Right of withdrawal: the Consumer’s option not to proceed with the         distance agreement within the cooling-off period;
9.         Entrepreneur: the natural of legal person who is a member of Stichting         Webshop Keurmerk and who provides products, (access to) digital content   and or services to Consumers at a distance;
10.      Distance contract: a contract concluded by the Entrepreneur and the         Consumer within the scope of an organised system for distance selling         products, digital content and/or services, whereby exclusive or additional     use is made of one or more technologies of distance communication up to the conclusion of the contract;
11.       Standard form for withdrawal: the European standard form for    withdrawal included in Appendix 1;
12.      Technology for distance communication: a means to be used for         concluding an agreement without the Consumer and the Entrepreneur being         together in the same place at the same time.     

1.         The Consumer can repudiate a purchase contract for a product without giving         reasons for a period of reflection of at least 14 days. The Entrepreneur         may         ask the Consumer about the reason for the withdrawal but cannot force       him to state his reason(s).
2.         The reflection period referred to in sub-clause 1 starts on the day the product         is received by the Consumer or by a third party appointed by him in advance         and who is not the carrier, or
3.         if the Consumer ordered several products in the same order: the day on                 which the Consumer or a third party appointed by him received the             last product. The Entrepreneur may refuse an order of several products                with different delivery dates provided that he clearly informs the                         Consumer prior to the order process.
4.         in case the delivery of a product consists of several batches or parts:           the day on which the Consumer or a third party appointed by him             received the last batch or the last part.
5.          in case of an agreement about regular delivery of products during a             given period: the day on which the Consumer or a third party appointed              by him received the first product.

3.         The Consumer can terminate an agreement for services or an agreement     for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The Entrepreneur may ask   the Consumer about the reason for the withdrawal but cannot force him to       state his reason(s).
4.         The reflection period referred to in Article 3 starts on the day following the        conclusion of the agreement.

5.         If the Entrepreneur has not provided the Consumer with the legally required         information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the          end of the original reflection period in accordance with the reflection period      determined in the previous sub-clauses of this Article.
6.         If the Entrepreneur provided the Consumer with the information referred     to in the previous article within twelve months after the starting day of the        original period of reflection, the period of reflection expires 14 day after the           day on which the Consumer received the information.

1.         During this period, the Consumer shall handle the product and the packaging         with care. The Consumer shall only unpack or use the product to the extent         necessary for establishing the nature, the characteristics and the effect of the         product. The guiding principle is that the Consumer may only handle and         inspect the product in the manner in which one is allowed to handle a product         in a shop.
2.         The Consumer is only liable for the decrease in value of the product that is         caused by the way of handling the product which went further than   allowed in sub-section 1.
3.         The Consumer is not liable for the decrease in value of the product if the         Entrepreneur has not provided him with all legal information about the right of         withdrawal before concluding the Agreement.

1.         If the Consumer exercises his right of withdrawal he shall notify the         Entrepreneur unambiguously with the standard form for withdrawal within the         period of reflection.
2.         The Consumer shall return the product or deliver it to (the authorized         representative of) the Entrepreneur as soon as possible but within 14 days         counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any         event if the product is returned before the expiration of the period of       reflection.
3.         The Consumer shall return the product with all delivered accessories and if         reasonably possible in the original state and packing and in conformity with         reasonable and clear instructions given by the Entrepreneur.
4.         The risk and the burden of proof for the correct and timely exercise of the         right of withdrawal fall on the Consumer.
5.         The Consumer shall bear the direct costs of returning the product. If the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
6.         If the Consumer withdraws after having first explicitly requested that the         performance of a service or the supply of gas, water or electricity having not         been made ready for sale not be started in a limited volume or given quantity         during the period of reflection, the Consumer shall pay the Entrepreneur an         amount that is equal to the part of the obligation already        performed at         the   time of withdrawal as compared with the full compliance of the obligation.
7.         The Consumer does not bear the costs for performing services for the supply         of water, gas or electricity that had not been made ready for sale in a limited         volume or quantity, or for the supply of district heating if
8.         the Entrepreneur has not provided the Consumer with the statutorily           required information about the right of withdrawal, the compensation of              costs in case of withdrawal or the standard form for withdrawal, or
9.         if the Consumer has not explicitly requested that the performance of           the service or the supply of gas, water and electricity or district heating               be started during the period of reflection.

1.         prior to the delivery, he has not explicitly consented to start                        performance of the agreement before the end of the period of reflection;
2.         he did not acknowledge to lose his right of withdrawal when giving              consent; or
3.          the Entrepreneur failed to confirm the Consumer’s statement.
4.         If the Consumer exercises his right of withdrawal, all additional agreements         end by operation of law.

1.         If the Entrepreneur makes the notification of withdrawal by electronic means         possible, he shall promptly send a return receipt.
2.         The Entrepreneur shall reimburse all payments made by the Consumer,         including any delivery costs that the Consumer may charge for the returned         product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers    to collect the product himself, he can wait with paying back until having        received the product or until the Consumer proved that he returned the    product, whichever occurs first.
3.         The Entrepreneur shall make use of the same means of payment that the         Consumer used, unless the Consumer consents to another method. The         reimbursement is free of charge for the Consumer.
4.         If the Consumer opted for a more expensive method of delivery instead of the         cheapest standard delivery, the Entrepreneur need not reimburse the         additional costs for the more expensive method.  

1.         Products or services with a price that is subject to fluctuations in the         financial market on which the Entrepreneur has no influence and which may         occur within the period of withdrawal;
2.         Agreements that are concluded during a public auction. A public auction is         defined as a selling method whereby the Entrepreneur offers products, digital         content and/or services to the Consumer who is personally present or has the         possibility to be personally present at the auction under the direction of an         auctioneer and whereby the successful bidder is obliged to purchase the         products, the digital content and/or the services.
3.         Services agreements, after full performance of the service, but only if

4.         Services agreements for making accommodation available when a certain         period of implementation is provided and other than for residential    purposes, goods transports, car rental services and catering;
5.         Agreements related to leisure activities when a certain date or period of         performance is arranged in the agreement;
6.         Products manufactured in accordance with the Consumer’s specifications         which are not prefabricated and which are produced on the basis of a         Consumer’s individual choice or decision or which are intended for a specific         person;
7.         Perishable products or products with a limited durability.
8.         Sealed products which are for health or hygiene reasons not suitable for being         returned and of which the seal was broken;
9.         Products which for their nature are irreversibly mixed with other products;
10.      Alcoholic drinks of which the price has been agreed upon at the conclusion of         the agreement but of which the delivery can take place only after 30 days,   and whose real value depends on fluctuations in the market which the   Entrepreneur cannot affect.
11.      Sealed audio and  video recordings and computer programs of which the seals         were broken after delivery;
12.      Newspapers, periodicals or magazines, with the exception of subscriptions to         them;
13.      The delivery of digital content other than on a physical carrier, but only if:   a.        the performance was started with the Consumer’s explicit prior                           consent;

   b.     the Consumer stated that he will lose his right of withdrawal by doing    so.
 
Article 11 - The price
1.     The prices of the products and/or services provided shall not be raised during         the validity period given in the offer, subject to changes in price 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 that         are beyond the Entrepreneur’s control, at variable prices. The offer will state         the possibility of being subject to fluctuations and the fact that any indicated         prices are target prices.
3.     Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4.     Price increases from 3 months after concluding the contract are permitted    only if the Entrepreneur has stipulated it and
        a.     they are the result of legal regulations or stipulations, or
        b.     the Consumer has the authority to cancel the contract before the day on                 which the price increase starts.
5.     All prices indicated in the provision of products or services are including VAT.
Article 12 – Performance of an agreement and extra Guarantee
1.     The Entrepreneur guarantees that the products and/or services comply with         the contract, with the specifications listed in the offer, with reasonable         requirements of usability and/or reliability and with the existing statutory         provisions and/or government regulations on the day the contract was         concluded. If agreed, the Entrepreneur also guarantees that the product is         suitable for other than normal use.
2.     An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or         Importer shall never affect the rights and claims the Consumer may exercise         against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s         obligations if the Entrepreneur has failed in the fulfilment of his part of the         agreement.
3.     ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his         Supplier, Importer or Manufacturer in whom he assigns certain rights or         claims to the Consumer that go further than he is legally         required in case he    fails in the compliance with his part of the agreement.
 
Article 13 – Delivery and execution
1.     The Entrepreneur shall exercise the best possible care when booking orders         and executing product orders and when assessing requests for the    provision of services.
2.     The place of delivery is at the address given by the Consumer to the         Entrepreneur.
3.     With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with      convenient speed but at least within 30 days, unless another delivery period    was agreed on. If the delivery has been delayed, or if an order cannot be     filled or         can be filled only partially, the Consumer shall be informed about this   within one month after ordering. In such cases, the Consumer is entitled to    repudiate the contract free of charge and with the right to possible      compensation.
4.     After repudiation in conformity with the preceding paragraph, the         Entrepreneur shall return the payment made by the Consumer promptly but         at least within 30 days after repudiation.
5.     The risk of loss and/or damage to products will be borne by the Entrepreneur         until the time of delivery to the Consumer or a representative appointed in         advance and made known to the Consumer, unless explicitly agreed otherwise.  
 
Article 14 – Continuing performance agreements: duration, termination and renewal
Termination
1.     The Consumer may at all times terminate a contract that was concluded for         an indefinite time and which extends to the regular delivery of products         (including electricity) or services, with due observance of the termination         rules and subject to not more than one month’s notice.
2.     The Consumer may at all times terminate a contract that was concluded for a         specific time and which extends to the regular delivery of products (including         electricity) or services at the end of the specific period, with due observance         of the termination rules and a subject to not more than one month’s notice.
3.     The Consumer can cancel the agreements mentioned in the preceding         paragraphs:
        -       at any time and not be limited to termination at a particular time or in a                 given period;   
        -       at least in the same way as they were concluded by him;         
        -       at all times with the same notice as the Entrepreneur stipulated for             himself.
Extension
4.     An agreement concluded for a definite period which extends to the regular         delivery of products (including electricity) or services may not be         automatically extended or renewed for a fixed period.   
5.     Notwithstanding the preceding paragraph, a contract for a definite period        which extends to the regular delivery of dailies, newspapers, weekly         newspapers and magazines, may tacitly be renewed for specific period of        three months at the most if the Consumer can terminate this extended         agreement towards the end of the extension with a notice of one month at the         most.   
6.     An agreement concluded for a definite period and which extends to the         regular delivery of products or services may only be extended tacitly for an         indefinite period if the Consumer can cancel it at any time with a notice of one         month. The notice is three months at the most in vase the contract is about         a delivery of dailies, newspapers and weeklies and magazines occurring         regularly but less than once a month.      
7.     An agreement with limited duration of regular delivery of trial dailies,         newspapers, weeklies and magazines (trial or introductory subscription) is not         renewed tacitly and ends automatically after the trial or introductory period.
Duration
8.     If the duration of a contract is more than one year, the Consumer may         terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination        before the end of the agreed term.
 
Article 15 – Payment
 
1.     Unless otherwise stipulated in the agreement or in the additional conditions,         the amounts to be paid by the Consumer must be settled within 14 days after         the period of reflection, or if there is no period of reflection within 14 days   after concluding the agreement. In case of an agreement to provide a service,   this period starts on the day that the Consumer received the confirmation of     the agreement.
2.     When selling products to Consumers, the product will be delivered after the total amount has been paid by the Consumer.
3.     The Consumer has the duty to inform the Entrepreneur promptly of possible         inaccuracies in the payment details that were given or specified.
4.     In case the Consumer has not complied with his payment obligation(s) in         time, and the Entrepreneur has pointed out to him that the payment was late         and allowed the Consumer a period of 14 days to comply with the payment         obligations, the Consumer is to pay the statutory interest on the amount         payable and the Entrepreneur is entitled to charge the Consumer with any         extrajudicial collection costs. These extrajudicial collection costs amount to no         more than 15% for outstanding amounts up to € 2,500, 10% for the following         € 2,500 and 5% for the following € 5000, with a minimum of € 40. The         Entrepreneur may deviate from the aforementioned amounts and percentages         in favour of the Consumer.
 
Article 16 – Complaints procedure
 
1.     The Entrepreneur shall have a sufficiently notified complaints procedure in         place, and shall handle the complaint in accordance with this complaint         procedure.
2.     Complaints about the performance of the contract shall be submitted fully and         clearly described to the Entrepreneur within a reasonable time after the         Consumer discovered the defects
3.     The complaints submitted to the Entrepreneur shall be replied within a period         of 14 days after the date of receipt. Should a complaint require a foreseeable         longer time for handling, the Entrepreneur shall respond within 14 days with a         notice of receipt and an indication when the Consumer can expect a more         detailed reply.
4.     A complaint about the Entrepreneur’s product, service or after-sales service         can be sent to the Entrepreneur in question.
5.     If the complaint cannot be solved in joint consultation within a reasonable
        time or within 3 months after submitting the complaint, there will be a dispute         that is open to the dispute settlement rules.
 
 
Article 17 - Disputes
1.     Contracts between the Entrepreneur and the Consumer to which these         General Terms and Conditions apply, are exclusively governed by Dutch law.
2.     With due observance of the provisions set out below, the disputes between the Consumer and the Entrepreneur about the formation or the performance    of contracts related to products or services that the Entrepreneur must deliver         or has already delivered can be submitted by both the Consumer and the         Entrepreneur to Geschillencommissie Webshop, Postbus 90600, 2509 LP,     The Hague (Den Haag) (www.sgc.nl).
3.     A dispute is handled by the Disputes Committee [Geschillencommissie] only if         the Consumer submitted his/her complaint to the Entrepreneur within a         reasonable period.
4.     The dispute must have been submitted in writing to the Geschillencommissie         Webshop within three months after arising of the dispute.
5.     If the Consumer wishes to submit a dispute to the Geschillencommissie, the         Entrepreneur is bound by this choice. When the Entrepreneur wishes to file the dispute to the Geschillencommissie, the Consumer must speak out in        writing within five weeks after a written request made by the Entrepreneur           whether he so desires or wants the dispute to be dealt with by the competent   court. If the Entrepreneur has not heard of the Consumer’s option within the      period of five weeks, the Entrepreneur is entitled to submit the dispute to the      competent court.
6.     The Geschillencommissie’s decision will be made under the conditions as set         out in the rules of the Arbitration Commission         (http://www.degeschillencommissie.nl/over-onss/decommissies/2701/webshop).
         A decision made by the Geschillencommissie is a binding advice.
7.     The Disputes Committee will not handle a dispute or will discontinue handling         it if the Entrepreneur is granted a moratorium, goes bankrupt or actually         ended his business activities before the Commission has handled a dispute at         the hearing and delivered a final award.
8.     If in addition to the Geschillencommissie Webshop another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints     Committees] or the Klachteninstituut Financiële Dienstverlening (Kifid)         [Financial Services Complaints Board] is competent, the disputes that are          mainly related         to sales methods or distance services, the Geschillencommissie Webshop Keurmerk is preferably competent, and for all other disputes, the disputes committee recognised by and affiliated with the   SGC or Kifid is competent.
 
Article 18 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
 







Appendix I: Standard form for withdrawal
 
Standard Form for Withdrawal
 
(Complete this form and return it only when you want to revoke the agreement)
 
-          To:   [Entrepreneur’s name]
                [Entrepreneur’s geographic address]
                [Entrepreneur’s fax number, if available]
                [Entrepreneur’s email address or electronic address]
 
 
-          I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products: [specification of the          product]*
        the delivery of the following digital content [specification of the      digital         content]*
        the performance of the following service [specification of the         service]*
 
 
-          Ordered on*/received on* [date of ordering the services or receiving         products]*
-          [Consumer’s name]
-          [Consumer’s address]
-          [Consumer’s signature] (only when this form is submitted on paper)
 
 
*) Delete and/or complete where appropriate.