This is a translation for your convenience. Only the Dutch version of these terms is legally binding; in case of any difference, the Dutch text prevails.
These General Terms and Conditions of the Stichting Webshop Keurmerk (Webshop Trustmark Foundation) were drawn up in consultation with the Dutch Consumers' Association (Consumentenbond) within the Coordination Group for Self-Regulation (CZ) of the Social and Economic Council of the Netherlands, and take effect on 1 June 2014.
These General Terms and Conditions are used by all members of the Stichting Webshop Keurmerk, with the exception of financial services as defined in the Dutch Financial Supervision Act (Wet Financieel Toezicht), insofar as these services are supervised by the Dutch Authority for the Financial Markets (AFM).
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1.1 Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, where these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
1.2 Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
1.3 Consumer: a natural person who is not acting for purposes related to their trade, business, craft or profession;
1.4 Day: calendar day;
1.5 Digital content: data produced and supplied in digital form;
1.6 Continuing contract: a contract for the regular supply of goods, services and/or digital content over a certain period;
1.7 Durable medium: any means – including email – that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose of the information, and that allows the unchanged reproduction of the stored information;
1.8 Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
1.9 Trader: the natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;
1.10 Distance contract: a contract concluded between the trader and the consumer under an organised system for the distance selling of products, digital content and/or services, where exclusive or partial use is made of one or more means of distance communication up to and including the conclusion of the contract;
1.11 Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
1.12 Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be in the same place at the same time.
Article 2 – Identity of the trader
Digitaal Motief;
Fruitweg 25, 2525 KG The Hague, the Netherlands;
Phone: +31 6 17315251 (Mon–Fri 09:00–18:00);
Email: info@digitaalmotief.nl;
Chamber of Commerce (KvK) number: 72392460;
VAT number: NL002463895B91;
Article 3 – Applicability
3.1 These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader's premises and that they will be sent to the consumer free of charge as soon as possible on request.
3.3 If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, on request.
3.4 If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always rely on the applicable provision that is most favourable to them.
Article 4 – The offer
4.1 If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.
4.2 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 trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
4.3 Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
5.1 Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set out in it.
5.2 If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance electronically without delay. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
5.3 If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this.
5.4 Within the legal framework, the trader may find out whether the consumer can meet their payment obligations, as well as all facts and factors relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
5.5 No later than upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. the visiting address of the trader's establishment where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information on guarantees and existing after-sales service;
d. the price of the product, service or digital content including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.
5.6 In the case of a continuing contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal
For products
6.1 The consumer may cancel a contract for the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
6.2 The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order of several products with different delivery times;
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
c. for contracts for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
For services and digital content not supplied on a tangible medium
6.3 The consumer may cancel a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
6.4 The cooling-off period referred to in paragraph 3 starts on the day after the contract is concluded.
Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer was not informed of the right of withdrawal
6.5 If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6.6 If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
Article 7 – Consumer's obligations during the cooling-off period
7.1 During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
7.2 The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
7.3 The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and the related costs
8.1 If the consumer exercises their right of withdrawal, they will notify the trader within the cooling-off period using the model withdrawal form or in another unambiguous way.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product. The consumer has in any case met the return deadline if they return the product before the cooling-off period has expired.
8.3 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 trader.
8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
8.5 The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of returning the product.
8.6 If the consumer withdraws after first having expressly requested that the performance of the service, or the supply of gas, water or electricity not made ready for sale in a limited volume or set quantity, begins during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation that the trader has fulfilled at the time of withdrawal, compared with full performance of the obligation.
8.7 The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
a. the trader has not provided the consumer with the legally required information on the right of withdrawal, the reimbursement of costs upon withdrawal or the model withdrawal form; or
b. the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating begins during the cooling-off period.
8.8 The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
a. prior to its supply, they did not expressly agree to the performance of the contract starting before the end of the cooling-off period;
b. they did not acknowledge losing their right of withdrawal when giving their consent; or
c. the trader failed to confirm this statement by the consumer.
8.9 If the consumer exercises their right of withdrawal, all ancillary contracts are terminated by operation of law.
Article 9 – Trader's obligations in the event of withdrawal
9.1 If the trader allows the consumer to notify withdrawal electronically, the trader will send an acknowledgement of receipt without delay after receiving the notification.
9.2 The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and in any case within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer has shown that they have returned the product, whichever is earlier.
9.3 The trader uses the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
9.4 If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
Article 10 – Exclusion of the right of withdrawal
The trader may exclude the following products and services from the right of withdrawal, but only if the trader has stated this clearly in the offer, or at least in good time before the contract is concluded:
10.1 Products or services whose price depends on fluctuations in the financial market over which the trader has no control and which may occur within the withdrawal period;
10.2 Contracts concluded at a public auction. A public auction is a method of sale in which products, digital content and/or services are offered by the trader to a consumer who is present in person or given the opportunity to be present in person at the auction, conducted by an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
10.3 Service contracts, after full performance of the service, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has stated that they lose their right of withdrawal once the trader has fully performed the contract;
10.4 Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance, other than for residential purposes, transport of goods, car rental services and catering;
10.5 Contracts relating to leisure activities, if the contract provides for a specific date or period of performance;
10.6 Products made to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
10.7 Products that perish quickly or have a limited shelf life;
10.8 Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10.9 Products that, by their nature, are inseparably mixed with other products after delivery;
10.10 Alcoholic beverages whose price was agreed when the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no control;
10.11 Sealed audio or video recordings and computer software whose seal has been broken after delivery;
10.12 Newspapers, periodicals or magazines, with the exception of subscriptions to them;
10.13 The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has stated that they thereby lose their right of withdrawal;
Article 11 – The price
11.1 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 resulting from changes in VAT rates;
11.2 Notwithstanding the previous paragraph, the trader may offer products or services whose prices depend on fluctuations in the financial market, over which the trader has no control, at variable prices. This dependence on fluctuations, and the fact that any stated prices are guide prices, will be stated in the offer;
11.3 Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions;
11.4 Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect;
11.5 The prices stated in the offer of products or services include VAT;
Article 12 – Performance of the contract and additional guarantee
12.1 The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use;
12.2 An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfil its part of the contract;
12.3 An additional guarantee means any commitment by the trader, its supplier, importer or producer granting the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfil its part of the contract;
Article 13 – Delivery and performance
13.1 The trader will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
13.2 The place of delivery is the address that the consumer has made known to the trader.
13.3 Taking into account what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge and is entitled to any compensation.
13.4 After termination in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
13.5 The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Article 14 – Continuing contracts: duration, termination and renewal
Termination
14.1 The consumer may terminate a contract entered into for an indefinite period for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month;
14.2 The consumer may terminate a contract entered into for a fixed period for the regular supply of products (including electricity) or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month;
14.3 The consumer may terminate the contracts referred to in the previous paragraphs:
– at any time, without being limited to termination at a specific time or in a specific period;
– at least in the same way as they were entered into;
– always with the same notice period as the trader has stipulated for itself;
Renewal
14.4 A contract entered into for a fixed period for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period;
14.5 Notwithstanding the previous paragraph, a contract entered into for a fixed period for the regular supply of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month;
14.6 A contract entered into for a fixed period for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the contract concerns the regular, but less than monthly, supply of daily or weekly newspapers and magazines;
14.7 A contract of limited duration for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period;
Duration
14.8 If a contract has a term of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term;
Article 15 – Payment
15.1 Unless otherwise provided in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, if there is no cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period starts on the day after the consumer has received confirmation of the contract;
15.2 When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made;
15.3 The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay;
15.4 If the consumer does not meet their payment obligation(s) on time, then after the trader has pointed out the late payment and given the consumer 14 days to still meet their payment obligations, and payment has not been made within this 14-day period, the consumer owes statutory interest on the outstanding amount and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to no more than: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer's favour;
Article 16 – Complaints procedure
16.1 The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure;
16.2 Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects;
16.3 Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint is expected to take longer to process, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer;
16.4 A complaint about a product, service or the trader's customer service can also be submitted via a complaints form on the consumer page of the Stichting Webshop Keurmerk website (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint is then sent to both the trader concerned and the Stichting Webshop Keurmerk;
16.5 If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of submitting the complaint, a dispute arises that is eligible for the disputes procedure;
Article 17 – Disputes
17.1 Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law;
17.2 Disputes between the consumer and the trader about the conclusion or performance of contracts relating to products and services to be supplied or supplied by this trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Geschillencommissie Webshop (Webshop Disputes Committee), PO Box 90600, 2509 LP The Hague, the Netherlands (www.sgc.nl);
17.3 The Disputes Committee will only deal with a dispute if the consumer has first submitted their complaint to the trader within a reasonable time;
17.4 The dispute must be submitted to the Disputes Committee in writing no later than twelve months after it arose;
17.5 If the consumer wishes to submit a dispute to the Disputes Committee, the trader is bound by this choice. If the trader wishes to do so, the consumer must state in writing, within five weeks of a written request from the trader, whether they also wish to do so or would rather have the dispute dealt with by the competent court. If the trader does not hear the consumer's choice within this five-week period, the trader is entitled to submit the dispute to the competent court;
17.6 The Disputes Committee gives its ruling under the conditions set out in the rules of the Disputes Committee (http://www.degeschillencommissie.nl/over-ons/decommissies/2701/webshop). The decisions of the Disputes Committee take the form of binding advice;
17.7 The Disputes Committee will not deal with a dispute, or will discontinue its handling, if the trader has been granted a suspension of payments, has been declared bankrupt or has actually ceased its business activities before the dispute has been heard at a session and a final ruling has been given;
17.8 If, in addition to the Geschillencommissie Webshop, another recognised disputes committee, or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Financial Services Complaints Institute (Kifid), is competent, the Geschillencommissie Stichting Webshop Keurmerk is preferably competent for disputes mainly concerning the method of distance selling or distance service provision. For all other disputes, the other recognised disputes committee affiliated with SGC or Kifid is competent;
Article 18 – Industry guarantee
18.1 The Stichting Webshop Keurmerk guarantees compliance by its members with the binding advice of the Geschillencommissie Stichting Webshop Keurmerk, unless the member decides to submit the binding advice to the court for review within two months of it being sent. This guarantee is revived if the binding advice is upheld after review by the court and the judgment confirming this has become final. Up to a maximum of €10,000 per binding advice, this amount is paid to the consumer by the Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 is paid. For the remainder, the Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding advice;
18.2 For this guarantee to apply, the consumer must make a written appeal to the Stichting Webshop Keurmerk and transfer their claim against the trader to the Stichting Webshop Keurmerk. If the claim against the trader exceeds €10,000, the consumer will be offered the option of transferring the part of the claim exceeding €10,000 to the Stichting Webshop Keurmerk, after which this organisation will seek payment through the courts in its own name and at its own expense, for the benefit of the consumer;
Article 19 – Additional or deviating provisions
19.1 Provisions that supplement or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium;
Article 20 – Amendment of the general terms and conditions of the Stichting Webshop Keurmerk
20.1 The Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Dutch Consumers' Association (Consumentenbond);
20.2 Amendments to these terms and conditions only take effect after they have been published in an appropriate manner, on the understanding that, where amendments apply during the term of an offer, the provision most favourable to the consumer will prevail;
Address of the Stichting Webshop Keurmerk
Willemsparkweg 193, 1071 HA Amsterdam, the Netherlands;
ANNEX I | Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
To:
[ trader's name ]
[ trader's geographical address ]
[ trader's fax number, if available ]
[ trader's email address or electronic address ]
I/We* hereby give notice that I/we* withdraw from my/our* contract concerning
– the sale of the following products: [product description]*
– the supply of the following digital content: [description of digital content]*
– the provision of the following service: [description of service]*
Ordered on*/received on* [date of order for services or date of receipt for products]
[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
* Delete or complete as appropriate.