Terms and Conditions
These General Terms and Conditions of the Stichting Webshop Keurmerk stand in collaboration with the Consumers Association and NTO in the framework of the Coördinatiegroep Zelfreguleringsoverleg (CZ) of the Social-Economic Council and for the Stichting Webshop Keurmerk enforced on 1 July 2012.
General conditions by the members of the Stichting Webshop Keurmerk with Exclusion of financial services as referred to in the Financial Supervision
Act and for these holders are supervised by the Netherlands Authority for the Financial Markets.
ARTICLE 1 - Definitions 2
ARTICLE 2 - Identity of the entrepreneur 3
ARTICLE 3 - Applicability 3
ARTICLE 4 - The offer 4
ARTICLE 5 - The agreement 5
ARTICLE 6 - Right of withdrawal 6
ARTICLE 7 - Costs in case of withdrawal 5
ARTICLE 8 - Exclusion of right of withdrawal 5
ARTICLE 9 - The price 6
ARTICLE 10 - Conformity and Guarantee 6
ARTICLE 11 - Delivery and execution 6
ARTICLE 12 - Duration transactions duration, termination and extension 7
ARTICLE 13 - Payment 8
ARTICLE 14 - Complaints procedure 8
ARTICLE 15 - Disputes 8
ARTICLE 16 - Branch guarantee 9
ARTICLE 17 - Additional or different provisions 9
ARTICLE 18 - Modification of the general conditions
AFTERPAY Conditions Afterpay
StichtingWebshop Keurmerk 9
ARTICLE 1 - DEFINITIONS
In these conditions:
Cooling-off period: the period within which the consumer can make use of his right of withdrawal.
Consumer: the person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Transaction duration: a long-distance contract relating to a series of products and or services, of which the supply and or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period of 14 days.
Entrepreneur: The natural or legal person who is a member of the Stichting Webshop Keurmerk and offers products and or services to consumers at a distance.
Distance contract: An agreement in the context of a by the entrepreneur organized system for long distance selling of products and or services, up to and including the conclusion of the agreement only use is made of one or more techniques for long distance communication.
Technology for distance communication: means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Company Name: Electro-Sat Business
Address: Vlaardingenstraat 49 / 49a
Telephone number and time which the company can be reached by telephone: 036-5345829
between 10:00 and 18:00
E-mail address: firstname.lastname@example.org KvK-number: 57253897
VAT identification number: NL212774487B02
ARTICLE 3 – APPLICABILITY
1. These general terms and conditions apply to every offer from the companies to every distance contract that is realized between the entrepreneur and the consumer.
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 likely to be possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer as soon as possible.
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 these general terms and conditions can be made available electronically to the consumer in such a way that the consumers can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded, of which the general conditions can be observed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs are also applicable apply accordingly and In the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him.
ARTICLE 4 - THE OFFER
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products and or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and or services. Obvious mistakes or errors in the offer do not bind the business.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- The price including taxes.
- The possible costs of delivery.
- The way in which the contract will be concluded, and which actions are necessary for this.
- Whether or not to apply the right of withdrawal.
- The method of payment, delivery and execution of the agreement.
- The period for acceptance of the offer, or the period within which the business guarantees the price.
- The level of the tariff for long distance communication. If the costs of using the technique for distance communication are calculated on another basis than the regular basic rate for the communication tool used.
- Whether the agreement will be filed after the conclusion, and if so on which one it can be consulted for the consumer.
- The way in which the consumer, prior to concluding the contract, can check the data provided by him in the context of the contract and repair it if necessary.
- Any other languages in which, in addition to Dutch, the contract can be concluded.
- The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically.
- The minimum duration of the distance contract in case of an extended transaction.
ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded now of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm the receipt of acceptance of the offer electronically. If the receipt of this acceptance has not been confirmed by the business, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within the legal framework - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request motivated or to attach special conditions to the execution.
5. With the product or service to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
A. The address of the establishment of the entrepreneur where the consumer can go with complaints.
B. The conditions under which and the way the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
C. The information about guarantees and existing service after purchase.
D. The information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement.
E. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
When delivering products:
1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the company. When delivering services:
3. When providing services, the consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.
4. In order to make use of his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest with the delivery.
ARTICLE 7 - COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible, but no later than 30 days after the return or cancellation, refund.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the right of withdrawal of the consumer in so far as provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
A. That have been created by the entrepreneur in accordance with specifications of the consumer.
B. That are clearly personal in nature.
C. Which cannot be returned due to their nature.
D. That can spoil or age quickly.
E. The price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence.
F. For loose newspapers and magazines.
G. For audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
A. Regarding accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period.
B. The delivery of which commenced with the express consent of the consumer before the reflection period has expired.
C. Regarding betting and lotteries.
ARTICLE 9 - THE PRICE
1. During the validity period stated in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are stated 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 contract are only permitted if the entrepreneur has stipulated this and:
A. they are the result of statutory regulations or stipulations
B. the consumer has the power to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions on the date of the conclusion of the contract and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce based on the agreement against the entrepreneur.
ARTICLE 11 - DELIVERY AND EXECUTION
1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
6. The risk of damage and / or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated and made representative to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION TRANSACTIONS DURATION, TERMINATION AND EXTENSION
1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified duration, with due observance of the agreed cancellation rules and a notice period of at least highest 1 month.
3. The consumer can find the agreements mentioned in the previous paragraphs:
- cancel at any time and not be limited to termination at a specific time or in each period;
- cancel at least in the same way as they have entered by him;
- always cancel with the same notice period as the entrepreneur has stipulated for himself.
4. A contract that has been entered for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.
5. In deviation from the previous paragraph, a contract that has been entered into for a definite period and which extends to the regular delivery of daily news- and weekly newspapers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer has this extended agreement. against the end of the renewal can cancel with a notice period of up to 1 month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than 1 month and a notice period of a maximum of 3 months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. Agreements with limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) are not tacitly continued and end automatically after the trial or introductory period.
8. If an agreement has a duration of more than 1 year, the consumer may terminate the agreement at any time with a notice period of no more than 1 month, unless it reasonables and fairness oppose cancellation before the end of the agreed term.
ARTICLE 13 – PAYMENT
1. Unless agreed otherwise, the amounts due by the consumer must be paid within 14 days of the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. If payment in advance is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s), before the stipulated advance payment has taken place.
3. The consumer has the duty to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In the event of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
ARTICLE 14 - COMPLAINTS
1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form from the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to the relevant entrepreneur and to the Stichting Webshop Keurmerk.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
ARTICLE 15 – DISPUTES
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
2. Disputes between the consumer and the entrepreneur about the conclusion or performance of agreements about products and services to be delivered or delivered by this entrepreneur may, with due observance of the following provisions, both submitted by the consumer and the entrepreneur to the Geschillen Commissie Webshop, PO Box 90600, 2509 LP in den Haag (www.sgc.nl).
3. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
4. No later than 3 months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer will have to make a written statement within 5 weeks after a request made by the entrepreneur in writing, whether he wishes to do so or whether the dispute is to be dealt with by the competent court. If the entrepreneur does not accept the choice of the consumer within the period of 5 weeks, the entrepreneur is entitled to submit the dispute to the competent court.
6. The Disputes Committee will decide under the conditions as set out in the regulations of the Disputes Committee. Decisions by the Disputes Commission Parties by way of binding advice.
7. The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the Entrepreneur is granted a moratorium, has been declared bankrupt or has effectively terminated his business activities, before a dispute has been dealt with by the Committee at the hearing and a final statement has been made.
8. If the Disputes Committee of the Web shop has another recognized Disputes Committee affiliated to the Consumer Disputes Committee (SGC) or the Complaints Institute for Financial Services (KIFID), the Disputes Committee Web shop shall have exclusive jurisdiction for disputes concerning mainly the method of sale or provision of services. For all other disputes the other recognized disputes committee affiliated with SGC or KIFID.
ARTICLE 16 - BRANCH GUARANTEE
1. The Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Geschillencommissie Webshop by its members, unless the member decides to submit the binding opinion within 2 months after sending it for review to the court. This guarantee revives if the binding advice has been maintained after review by the court and the judgment that shows this has become final. Up to an amount 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 will be paid out. The Stichting Webshop Keurmerk Foundation has a best effort obligation to ensure that the member complies with the binding advice.
2. Application of this guarantee requires that the consumer makes a written appeal to the Stichting Webshop Keurmerk and that he transfers his claim on the entrepreneur to the Stichting Webshop Keurmerk. If the claim on the entrepreneur amounts to more than € 10,000, the consumer will be offered his claim insofar as it exceeds the sum of € 10,000, to be transferred to the Stichting Webshop Keurmerk, after which this organization will pay the costs in its own name and costs. in court will ask for satisfaction to the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or deviating from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they
can be stored by the consumer in an accessible manner on a durable medium.
ARTICLE 18 - MODIFICATION OF THE TERMS AND CONDITIONS WEBSHOP KEURMERK
1. The Stichting Webshop Keurmerk will not change these general terms and conditions in consultation with the Consumers' Association.
2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, with the proviso that any applicable amendments will prevail during the term of an offer for the consumer. Address Stichting Webshop Keurmerk: Willemsparkweg 193, 1071 HA Amsterdam