Terms & Conditions
General Terms and Conditions
These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group
[Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014
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 19 - Amendment to the General Terms and Conditions
of Webshop Keurmerk
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;
3. Consumer: the natural person who does not act for
purposes related to his/her
commercial, trade, craft or professional activities;
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.
Article 2 – The Entrepreneur’s identity
Back Talk Europe
Hamburgweg 10; 7418ES DEVENTER
The Netherlands
Phone: +31 (0)570 594272
Mail: sales@backtalkeurope.com
Chamber of Commerce number;
VAT identification number; NL081170580B03
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from the
Entrepreneur and to any distance
contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall
make the text of these General Terms
and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall
indicate in what way the General Terms
and conditions can be inspected and that they will
be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text
of these General Terms and
Conditions, in deviation from the previous section and before the distance contract is concluded, may also be
supplied to the Consumer electronically
in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible,
it will be specified where the General
Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before
concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions
apply, it shall be explicitly
stated in the offer.
2. The offer contains a full and accurate description of the
products, digital content and/or
services offered. The description is suitably detailed to enable the Consumer to assess the products, or
services and/or digital content adequately.
If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services
provided. Obvious errors or mistakes in
the offer do not bind the Entrepreneur.
3. All offers contain such information that it is clear to the
Consumer what rights and obligations
are attached to accepting the offer.
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes
valid when the Consumer has accepted
the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, the
Entrepreneur shall promptly
confirm receipt of having accepted the offer via electronic means. As long as the receipt of said
acceptance has not been confirmed, the Consumer
may repudiate the contract.
3. If the contract is concluded electronically, the Entrepreneur
will take appropriate technical
and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer
can pay electronically, the
Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather
information about Consumer’s
ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance
contract. If, acting on the results
of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is
lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the
implementation.
5. Before delivering the product, the Entrepreneur shall send the
following information along with the
product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible
manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s
business establishment where the
Consumer may get into contact with any complaints;
b. the conditions on which and
the manner in which the Consumer may exercise
the right of withdrawal, or, as the case may be, clear information about his being exempted from the
right of withdrawal;
c. the information corresponding
to existing after-sales services and guarantees;
d. The price including all taxes
of the product, service or digital content, where
applicable the delivery costs and the way of payment, delivery or implementation of the distance contract
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the
right of withdrawal.
6. In case of a continuing performance contract, the stipulation in
the previous paragraph only applies
to the first delivery.
Article 6 – Right of withdrawal
In case of products:
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
a.
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.
b.
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.
c. 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.
In case of services and digital content that is not delivered on a
physical carrier:
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.
Extended reflection period for products, services and digital content
that has not been delivered on a physical carrier in case no information is
given about the right of withdrawal:
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.
Article 7 – Consumer’s obligations during the time of
reflection
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.
Article 8 – Exercising the Consumer’s right of
withdrawal and the costs
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
has not reported that the Consumer has to bear these costs or 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
a.
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
b.
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.
8. The Consumer does not bear any cost for the full or
partial delivery of digital
content not stored on a physical carrier if
a.
prior to the delivery, he has
not explicitly consented to start performance of the
agreement before the end of the period of reflection;
b.
he did not acknowledge to
lose his right of withdrawal when giving consent;
or
c.
the Entrepreneur failed to
confirm the Consumer’s statement.
9.
If the Consumer exercises
his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case of
withdrawal
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.
Article 10 - Exclusion of the right of withdrawal
The Entrepreneur can exclude
the following products and services from the right of withdrawal but only if
the Entrepreneur notified this clearly when making the offer or at any rate in good
time before concluding the agreement:
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
a. the
performance started with the Consumer’s explicit prior consent; and
b. the Consumer
stated that he will lose his right of withdrawal as soon as the
Entrepreneur has fully performed the agreement.
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, it is not permitted to negotiate
an advance payment of more than 50% in
the General Terms and Conditions. If
an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in
question or the service(s) in question before making the agreed advance payment.
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 has a well-publicized complaints
procedure and handles the complaint in accordance with this complaints
procedure.
2. Complaints about the execution of the agreement
must be submitted fully and clearly described to the entrepreneur within a
reasonable time 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 on the
consumer page of the website of Stichting Webshop Keurmerk
(https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be
sent both to the relevant entrepreneur and to Stichting Webshop Keurmerk.
5. Webshop Keurmerk will not treat a dispute or
discontinue the handling, if the entrepreneur has been granted a suspension of
payment, it has been declared bankrupt or has actually ended its business
activities or the webshop has been suspended or canceled by Webshop Keurmerk.
6. A dispute will only be dealt with by Webshop
Keurmerk if the consumer has first submitted his complaint to the entrepreneur
within a reasonable time.
7. No later than twelve months after the dispute
arises, the dispute must be submitted in writing to Webshop Keurmerk.
8. It is also possible to register complaints via
the European ODR platform
(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
Article
17 - Disputes
1. Only Dutch law applies to agreements between the
entrepreneur and the consumer to which these general terms and conditions
apply. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 18
- Additional or different provisions
Additional
provisions or deviating from these 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 medium.
Article 19
- Modification of the general terms and conditions of Stichting Webshop
Keurmerk
1. When
Stichting Webshop Keurmerk will make a change, we will inform the entrepreneur
through the newsletter and place the newest conditions on our website
(https://www.keurmerk.info/nl/algemene-voorwaarden/)
2.
Amendments to these terms and conditions shall only take effect after they have
been published in the appropriate manner, on the understanding that in the case
of applicable changes during the term of an offer the most favorable provision
for the consumer will prevail.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA
Amsterdam.
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: Back Talk Europe
Hamburgweg 10
7418ES DEVENTER, The Netherlands
sales@backtalkeurope.com
-
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)