Terms & Conditions

These General Terms and Conditions of the Webshop Quality Mark Foundation have been drawn up in consultation with the Consumers’ Association and NTO within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will enter into force for the Webshop Quality Mark Foundation on 1 July 2012.

These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Netherlands Authority for the Financial Markets.

ARTICLE 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:
Entrepreneur: the natural or legal person affiliated with the Stichting Webshop Keurmerk and offering products and/or services to consumers at a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same place at the same time;
Reflection period: the period within which the consumer can make use of his right of withdrawal
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the reflection period; Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

AndereWijn
Anna Paulownastraat 33
2518 BB The Hague
(070) 2500094
contact@anderewijn.nl
Chamber of Commerce number 63259702
VAT identification number: NL855158323B01

ARTICLE 3 – APPLICABILITY 1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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 reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request. 3. If the distance contract is concluded electronically, 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 them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer’s request. 4. In the event that 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 general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
 

ARTICLE 4 – THE OFFER

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    – the price including taxes;
    – any delivery costs;
    – the manner in which the agreement will be concluded and which actions
    are required for this;
    – whether or not the right of withdrawal applies;
    – the method of payment, delivery and performance of the agreement;
    – the term for accepting the offer, or the term within which the
    entrepreneur guarantees the price;
    – the amount of the rate for distance communication if the costs of
    using the distance communication technique are calculated on a
    basis other than the regular basic rate for the means of communication used;
    – whether the agreement is archived after it has been concluded and, if so, in what
    way it can be consulted by the consumer;
    – the way in which the consumer can check the data provided by him in the context of the agreement before concluding the agreement and, if necessary, rectify it;
    – any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
    – the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
    – the minimum duration of the distance contract in the event of a continuous transaction.

ARTICLE 5 – THE AGREEMENT

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set.2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.

    4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

    5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
    b. the conditions under which and the manner in which 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 after-sales service;
    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 terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

    6. In the event of a continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.

  2. The entrepreneur does not supply alcoholic beverages to consumers under the age of eighteen. By entering into the agreement, the consumer declares to be eighteen years of age or older.

 

 

ARTICLE 6 – RIGHT OF WITHDRAWAL

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When providing services:

3. When providing services, the consumer has the option to dissolve the agreement without giving reasons for at least fourteen days, starting on the day the agreement was concluded.

4. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL

  1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL

  1. The entrepreneur can exclude the consumer’s right of withdrawal to the extent provided for in paragraphs 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 good time before 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 according to the
    consumer’s specifications;
    b. that are clearly personal in nature;
    c. that cannot be returned due to their nature;
    d. that can spoil or age quickly;
    e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    f. for individual 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. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
    b. the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;
    c. concerning bets and lotteries.

ARTICLE 9 – THE PRICE

  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 due to changes in VAT rates.2. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

    4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    a. they are the result of statutory regulations or provisions; or
    b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

    5. The prices stated 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 and/or government regulations in force on the date the agreement was concluded. 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 assert against the entrepreneur under the agreement.

ARTICLE 11 – DELIVERY AND EXECUTION

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.2. The place of delivery is the address that the consumer has made known to the company.3. Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

    4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 30 days after termination.

    5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.

    6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

ARTICLE 12 – DURATION TRANSACTIONS DURATION, TERMINATION AND EXTENSION

Termination
1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination rules and a notice period of no more than one month.

2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

3. The consumer may terminate the agreements referred to in the previous paragraphs:
– at any time and not be limited to termination at a specific time or during a specific period;
– at least terminate them in the same manner as they were entered into by him;
– always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Extension

4. An agreement entered into for a fixed period and which provides for the regular
delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

5. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.

6. An agreement entered into for a fixed period and which provides for the regular delivery 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 up to one month and a notice period of up to three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily newspapers, weekly newspapers and magazines.

7. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be automatically continued and will end automatically after the trial or introductory period.
Duration

8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

ARTICLE 13 – PAYMENT

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in the general terms and conditions. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.3. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

    4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.2. Complaints about the performance 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 confirmation of receipt and an indication of 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 on the website of the Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent to both the entrepreneur in question and to the Stichting Webshop Keurmerk.

    5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 15 – DISPUTES

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.2. Disputes between the consumer and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below,
    be submitted by both the consumer and the entrepreneur to the Webshop Disputes Committee, Postbus 90600, 2509 LP in The Hague ( www.sgc.nl).3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.

    4. The dispute must be submitted to the Disputes Committee in writing no later than three months after the dispute has arisen.

    5. If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must state in writing within five weeks of a written request made by the entrepreneur whether he also wishes this or whether he wishes the dispute to be dealt with by the competent court. If the entrepreneur does not hear the consumer’s choice within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

    6. The Disputes Committee will make a decision under the conditions as set out in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of binding advice.

    7. The Disputes Committee will not handle a dispute or will discontinue the handling if the entrepreneur has been granted a moratorium, has gone bankrupt or has actually ceased his business activities before a dispute has been dealt with by the committee at the hearing and a final decision has been made.

    8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee or one affiliated with the Foundation for Consumer Disputes Committees (SGC) or the Financial Services Complaints Institute (Kifid) is authorized, the Webshop Disputes Committee shall have exclusive jurisdiction for disputes relating primarily to the method of distance selling or service provision. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid.

 

ARTICLE 16 – INDUSTRY GUARANTEE

  1. The Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after it was sent. This guarantee revives if the binding advice has been upheld after review by the court and the judgment showing this has become final and binding. Up to a maximum amount of €10,000 per binding advice, this amount will be paid to the consumer by the Stichting Webshop Keurmerk. For amounts greater than €10,000 per binding advice, €10,000 will be paid. For the excess, the Stichting Webshop Keurmerk has an obligation to make every effort to ensure that the member complies with the binding advice.2. Application of this guarantee requires that the consumer submits 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 exceeds €10,000, the consumer will be offered the opportunity to transfer his claim, insofar as it exceeds the amount of €10,000, to the Stichting Webshop Keurmerk, after which this organisation will request payment thereof in its own name and at its own expense in court to satisfy the consumer.

ARTICLE 17 – ADDITIONAL OR DEVIATING PROVISIONS

Additional or deviating provisions 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 they can be stored by the consumer in an accessible manner on a durable data carrier.

ARTICLE 18 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF THE WEBSHOP QUALITY MARK

  1. The Stichting Webshop Keurmerk will not amend these general terms and conditions other than in consultation with the Consumers’ Association.
    2. Amendments to these terms and conditions will only come into effect after they have been published in an appropriate manner, with the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the consumer will prevail.

Address of the Webshop Quality Mark Foundation:
Willemsparkweg 193, 1071 HA Amsterdam