Terms of service

General Terms and Conditions of Stichting Webshop Keurmerk

These General Terms and Conditions of Stichting Webshop Keurmerk were drawn up in consultation with the Dutch Consumers' Association (Consumentenbond) within the framework of the Self-Regulation Coordination Group (Coördinatiegroep Zelfreguleringsoverleg – CZ) of the Social and Economic Council of the Netherlands and came into effect on 1 June 2014.

These General Terms and Conditions are used by all members of Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Dutch Financial Supervision Act (Wet op het Financieel Toezicht), insofar as these services are supervised by the Netherlands Authority for the Financial Markets (Autoriteit Financiële Markten).

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the withdrawal period
Article 8 – Exercise of the right of withdrawal by the consumer and the associated costs
Article 9 – Obligations of the trader in the event of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance of the agreement and additional guarantee
Article 13 – Delivery and performance
Article 14 – Continuing performance agreements: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or deviating provisions
Article 20 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

Ancillary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and 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;

Withdrawal period: the period within which the consumer may exercise their right of withdrawal;

Consumer: the natural person who is not acting for purposes related to their trade, business, craft or professional activity;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuing performance agreement: an agreement relating to the regular supply of goods, services and/or digital content over a specified period;

Durable medium: any instrument – including email – that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose of the information and that allows unchanged reproduction of the stored information;

Right of withdrawal: the consumer's option to withdraw from the distance agreement within the withdrawal period;

Trader: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content and/or services to consumers at a distance;

Distance agreement: an agreement concluded between the trader and the consumer within the framework of an organised distance sales system for products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or partial use is made of one or more means of distance communication;

Model withdrawal form: the European model withdrawal form included in Appendix I to these General Terms and Conditions;

Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader having to be physically present in the same place at the same time.

Article 2 – Identity of the trader

Name of the trader (registered name and, where applicable, trading name);
Registered office address;
Visiting address, if different from the registered office address;
Telephone number and the times at which the trader can be reached by telephone;
Email address or another electronic means of communication offered to the consumer with the same functionality as email;
Chamber of Commerce registration number;
VAT identification number.

If the trader's activities are subject to a relevant licensing system: details of the supervisory authority.

If the trader practises a regulated profession:

the professional association or organisation to which the trader belongs;
the professional title and the place within the European Union or European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and information on where and how these professional rules can be accessed.

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance agreement concluded between the trader and the consumer.

Before the distance agreement 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 agreement is concluded, how the General Terms and Conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance agreement is concluded electronically, the text of these General Terms and Conditions may, notwithstanding the preceding paragraph and before the distance agreement is concluded, be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be stated before the distance agreement is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly. 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

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

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 errors in the offer are not binding on the trader.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

Within the limits of the law, the trader may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance agreement. If, based on this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its execution.

At the latest upon delivery of the product, service or digital content, the trader will provide the consumer with the following information in writing or in a form that allows the consumer to store it in an accessible manner on a durable medium:

the visiting address of the trader's establishment where the consumer can submit complaints;
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;
information about warranties and existing after-sales service;
the price including all taxes of the product, service or digital content, any delivery costs, and the method of payment, delivery or performance of the distance agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing performance agreement, the provision in the preceding paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products

The consumer may withdraw from an agreement relating to the purchase of a product during a withdrawal 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 the consumer to state a reason or reasons.

The withdrawal 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:

if the consumer has ordered several products in one order: on the day on which the consumer or a third party designated by the consumer received the last product;
if the delivery of a product consists of several shipments or parts: on the day on which the consumer or a third party designated by the consumer received the last shipment or part;
in the case of agreements for the regular delivery of products during a specified period: on the day on which the consumer or a third party designated by the consumer received the first product.

For services and digital content not supplied on a tangible medium

The consumer may withdraw from a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during a 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 the consumer to state their reasons.

The withdrawal period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended withdrawal period if information about the right of withdrawal has not been provided

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period.

If the trader provides the consumer with the aforementioned information within twelve months after the original withdrawal period commenced, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the withdrawal period

During the withdrawal 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 basic principle is that the consumer may only handle and inspect the product in the same way as they would be permitted to do in a shop.

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.

The consumer is not liable for any reduction in the value of the product if the trader failed to provide all legally required information about the right of withdrawal before or at the time the agreement was concluded.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises the right of withdrawal, they must notify the trader within the withdrawal period using the model withdrawal form or in another unequivocal manner.

As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to the trader or an authorised representative of the trader. This is not necessary if the trader has offered to collect the product. The consumer has complied with the return period if the product is returned before the withdrawal period has expired.

The consumer must return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof regarding the correct and timely exercise of the right of withdrawal lie with the consumer.

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 pay the return costs.

If the consumer withdraws after having expressly requested that the provision of a service or the supply of gas, water or electricity that has not been prepared for sale in a limited volume or specified quantity commence during the withdrawal period, the consumer owes the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal compared with full performance of the agreement.

The consumer bears no costs for the performance of services or the supply of water, gas or electricity not prepared for sale in a limited volume or specified quantity, or for the supply of district heating, if:

the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal or the model withdrawal form; or
the consumer has not expressly requested that performance of the service or supply commence during the withdrawal period.

The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:

the consumer did not expressly consent, prior to delivery, to performance of the agreement beginning before the end of the withdrawal period;
the consumer did not acknowledge that they lose their right of withdrawal by giving such consent; or
the trader failed to confirm this statement by the consumer.

If the consumer exercises the right of withdrawal, all ancillary agreements are automatically terminated by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

If the trader makes it possible for the consumer to notify withdrawal electronically, the trader will send an acknowledgement of receipt immediately after receiving the notification.

The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without undue delay and no later than 14 days after the day on which the consumer notified the trader of the withdrawal. Unless the trader offers to collect the product, the trader may withhold reimbursement until the product has been received or until the consumer demonstrates that the product has been returned, whichever occurs first.

The trader will use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.

If the consumer has chosen a more expensive delivery method than the least expensive standard delivery method, 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 this was clearly stated when making the offer or at least in good time before the agreement was concluded:

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;
agreements concluded at a public auction;
service agreements after full performance of the service, but only if performance began with the consumer's express prior consent and the consumer declared that they would lose the right of withdrawal once the trader had fully performed the agreement;
service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, transport of goods, car rental services and catering;
agreements relating to leisure activities if the agreement provides for a specific date or period of performance;
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 personalised;
products that are liable to deteriorate or expire rapidly;
sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
products which, after delivery, are by their nature inseparably mixed with other products;
alcoholic beverages whose price was agreed when the agreement was concluded but whose delivery can only take place after 30 days and whose actual value depends on market fluctuations over which the trader has no control;
sealed audio or video recordings and computer software whose seal has been broken after delivery;
newspapers, periodicals or magazines, with the exception of subscription agreements;
the supply of digital content not supplied on a tangible medium, but only if performance began with the consumer's express prior consent and the consumer declared that they thereby lose the right of withdrawal.

Article 11 – The price

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.

Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the trader has no control. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.

Price increases within three months after the agreement has been concluded are only permitted if they result from statutory regulations or provisions.

Price increases from three months after the agreement has been concluded are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer for products or services include VAT.

Article 12 – Performance of the agreement and additional guarantee

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than its normal use.

An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may exercise against the trader under the agreement if the trader has failed to fulfil its obligations under the agreement.

An additional guarantee means any commitment by the trader, its supplier, importer or manufacturer that grants the consumer certain rights or claims beyond those required by law in the event that the trader has failed to fulfil its part of the agreement.

Article 13 – Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address provided by the consumer to the trader.

Subject to Article 4 of these General Terms and Conditions, the trader will execute accepted orders with due speed and no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and may be entitled to compensation.

Following dissolution in accordance with the preceding paragraph, the trader will immediately refund the amount paid by the consumer.

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 performance agreements: duration, termination and renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and relating to 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.

The consumer may terminate a fixed-term agreement relating to the regular supply of products (including electricity) or services at any time at the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the preceding paragraphs:

at any time and may not be restricted to termination at a particular time or during a particular period;
at least in the same manner as they were entered into;
always with the same notice period as the trader has stipulated for itself.

Renewal

A fixed-term agreement relating to the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the preceding paragraph, a fixed-term agreement relating to the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided the consumer can terminate this renewed agreement at the end of the renewal period with a notice period of no more than one month.

A fixed-term agreement relating to the regular supply of products or services may only be tacitly renewed 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 may be no more than three months if the agreement relates to the regular, but less than once monthly, supply of daily or weekly newspapers and magazines.

A limited-duration agreement for the regular supply of daily or weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

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 duration.

Article 15 – Payment

Unless otherwise provided for in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period or, if there is no withdrawal period, within 14 days after the agreement is concluded. In the case of an agreement for the provision of a service, this period starts on the day after the consumer receives confirmation of the agreement.

When products are sold to consumers, General Terms and Conditions may never require the consumer to make an advance payment exceeding 50%. If advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.

The consumer is obliged to report inaccuracies in payment details provided or stated to the trader without delay.

If the consumer does not fulfil their payment obligations on time, after the trader has notified the consumer of the late payment and has granted the consumer a period of 14 days to fulfil the payment obligations, and payment is still not made within this 14-day period, the consumer owes statutory interest on the outstanding amount. The trader is also entitled to charge any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500.00; 10% on the next €2,500.00; and 5% on the next €5,000.00, with a minimum of €40.00. The trader may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the trader within a reasonable period after the consumer has discovered the defects, with a full and clear description of the complaint.

Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint is expected to require a longer processing period, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

A complaint about a product, service or the trader's service may also be submitted using the complaint form on the consumer page of the Stichting Webshop Keurmerk website. The complaint will then be forwarded both to the trader concerned and to Stichting Webshop Keurmerk.

If the complaint cannot be resolved by mutual agreement within a reasonable period or within three months after the complaint was submitted, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between the trader and the consumer to which these General Terms and Conditions relate are governed exclusively by Dutch law.

Disputes between the consumer and the trader concerning the conclusion or performance of agreements relating to products and services to be supplied or supplied by the trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Geschillencommissie Webshop, Postbus 90600, 2509 LP The Hague, the Netherlands.

A dispute will only be handled by the Disputes Committee if the consumer has first submitted the complaint to the trader within a reasonable period.

The dispute must be submitted in writing to the Disputes Committee no later than twelve months after the dispute arose.

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 after receiving a written request from the trader, whether they also wish this or whether they want the dispute to be dealt with by the competent court. If the consumer does not inform the trader of their choice within five weeks, the trader is entitled to submit the dispute to the competent court.

The Disputes Committee will make a decision under the conditions set out in its regulations. Decisions of the Disputes Committee are made by way of a binding decision.

The Disputes Committee will not handle a dispute or will discontinue handling it if the trader has been granted a suspension of payments, has become bankrupt or has effectively ceased business activities before the dispute has been dealt with by the committee at a hearing and a final decision has been issued.

If, in addition to the Geschillencommissie Webshop, another recognised disputes committee or one affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) is competent, disputes primarily concerning distance selling or distance services will preferably be handled by the Geschillencommissie Stichting Webshop Keurmerk. For all other disputes, the other recognised disputes committee affiliated with the SGC or Kifid will have jurisdiction.

Article 18 – Industry guarantee

Stichting Webshop Keurmerk guarantees compliance by its members with binding decisions of the Geschillencommissie Stichting Webshop Keurmerk, unless the member decides to submit the binding decision for judicial review within two months after it has been sent. This guarantee will be reinstated if the binding decision remains in force after judicial review and the relevant judgment has become final.

Up to a maximum amount of €10,000.00 per binding decision, this amount will be paid to the consumer by Stichting Webshop Keurmerk. For amounts exceeding €10,000.00 per binding decision, €10,000.00 will be paid. For the excess amount, Stichting Webshop Keurmerk has a best-efforts obligation to ensure that the member complies with the binding decision.

To rely on this guarantee, the consumer must invoke it in writing with Stichting Webshop Keurmerk and assign their claim against the trader to Stichting Webshop Keurmerk.

If the claim against the trader exceeds €10,000.00, the consumer will be offered the opportunity to assign the part of the claim exceeding €10,000.00 to Stichting Webshop Keurmerk. This organisation will then seek payment in court in its own name and at its own expense, with the aim of paying the amount to the consumer.

Article 19 – Additional or deviating provisions

Additional provisions or provisions that 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 – Amendments to the General Terms and Conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will only amend these General Terms and Conditions in consultation with the Dutch Consumers' Association (Consumentenbond).

Amendments to these terms and conditions will only take effect after they have been published in an appropriate manner, on the understanding that in the event of amendments applicable during the term of an offer, the provision most favourable to the consumer will prevail.

Address of Stichting Webshop Keurmerk:
Willemsparkweg 193
1071 HA Amsterdam
The Netherlands

Appendix I: Model Withdrawal Form

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the agreement.)

To:
[Name of trader]
[Geographical address of trader]
[Fax number of trader, if available]
[Email address or electronic address of trader]

I/We* hereby give notice that I/we* withdraw from my/our* agreement for the purchase of the following products:
[description of products]*

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 ordering for services or receipt for products]

Name of consumer(s): [name]
Address of consumer(s): [address]
Signature of consumer(s): [only if this form is submitted on paper]

* Delete as appropriate or complete as applicable.