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General terms and conditions

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Reflection period: The period within which the consumer can make use of their right of withdrawal.
Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Duration transaction: A distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: An agreement concluded in the context of a system organized by the entrepreneur for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.
Means of distance communication: A means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: These present General Terms and Conditions of the entrepreneur.

Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a reflection period of 30 days without giving any reason. During the reflection period, the consumer shall handle the product and its packaging with care.
If the consumer exercises their right of withdrawal, they shall return the product, with all delivered accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the entrepreneur.

Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be stated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge upon request by the consumer.
If the distance contract is concluded electronically, contrary to the previous paragraph, and before the contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon the consumer’s request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or nullified, the agreement and these conditions shall remain in force for the rest, and the relevant provision shall be replaced immediately by mutual agreement with a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of these conditions should be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer
If an offer has a limited duration or is made under conditions, this shall be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. 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 representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
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 shipping;
the manner in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the communication medium used;
whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, 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 case of a duration transaction.

Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
With the product or service, the entrepreneur shall send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur’s establishment to which the consumer can turn with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the respective products.

Article 6 – Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons during 14 days. This reflection period starts on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product.
During the reflection period, the consumer shall handle the product and the packaging with care. He shall 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 shall return the product with all delivered 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 entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receiving the product. The consumer must make this known by means of the model form or by another unequivocal statement.
After the consumer has indicated that he wishes to make use of his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

Upon delivery of services:
In the case of the provision of services, the consumer has the possibility to dissolve the agreement without giving reasons during at least 14 days, starting on the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur at the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, at most the costs of return shipment shall be at his expense.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Reimbursement shall be made using the same payment method as used by the consumer, unless the consumer explicitly consents to a different method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the agreement.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
whose delivery has started with the explicit consent of the consumer before the reflection period has expired;
concerning betting and lotteries.

Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This bond to fluctuations and the fact that any listed prices are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

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

Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Article 11 – Delivery and Execution
The entrepreneur shall 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 that the consumer has made known to the company.
With due observance of the provisions in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer shall be informed about this no later than 30 days after placing the order. In such case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount that the consumer has paid as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall make an effort to make a replacement article available. It shall be clearly and comprehensibly stated, at the latest upon delivery, that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation
The consumer may cancel an agreement entered into for an indefinite period and that 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 at most one month.
The consumer may cancel an agreement entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time toward the end of the fixed duration, with due observance of the agreed cancellation rules and a notice period of at most one month.
The consumer may cancel the agreements referred to in the previous paragraphs:

at any time and shall not be limited to cancellation at a specific time or in a specific period;
at least in the same way as they were entered into by him;
always with the same notice period as the entrepreneur has stipulated for himself.

Extension
An agreement entered into 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 period.
In deviation from the previous paragraph, an agreement entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, if the consumer can cancel this extended agreement toward the end of the extension with a notice period of at most one month.
An agreement entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may cancel at any time with a notice period of at most one month. The notice period shall be at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with limited duration for the regular introduction of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration
If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 13 – Payment

Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer receives the confirmation of the agreement.

In the sale of products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not meet his payment obligation(s) on time, he shall, after being notified by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, owe statutory interest on the amount still due after failure to pay within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500; and 5% on the next €5,000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages in favor of the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur responds within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must give the entrepreneur at least 4 weeks to resolve the complaint by mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.

Disputes between the consumer and the entrepreneur regarding the formation or execution of contracts relating to products and services to be delivered or already delivered by this entrepreneur can be submitted by both the consumer and the entrepreneur to the Geschillencommissie Webshop, [Webshop Disputes Committee], via www.degeschillencommissie.nl.

A dispute will only be considered by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.

If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Commission no later than 12 months after the date on which the consumer submitted the complaint to the entrepreneur.

If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. When the entrepreneur wishes to do so, the consumer must, within five weeks after a written request made by the entrepreneur, indicate in writing whether he also desires this. If the entrepreneur does not hear the consumer’s decision within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.

The Disputes Committee rules under the conditions as laid down in the regulations of the Disputes Committee. The decisions of the Disputes Committee are made by way of a binding advice.

The Disputes Committee will not handle a dispute or will cease handling it if the entrepreneur has been granted a suspension of payment, has gone bankrupt, or has effectively ceased his business activities before the Committee has dealt with the dispute at the hearing and rendered a final decision.

If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Boards] or the Klachteninstituut Financiële Dienstverlening (Kifid) [Financial Services Complaints Institute] is competent, the Webshop Disputes Committee has preferential jurisdiction for disputes mainly concerning the method of distance selling or the provision of services.

Article 16 – Industry Guarantee

The Thuiswinkel.org organization guarantees 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 its dispatch. This guarantee revives if the binding advice has remained in force after review by the court and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding advice, this amount is paid to the consumer by Thuiswinkel.org. For amounts greater than €10,000 per binding advice, €10,000 will be paid. Thuiswinkel.org has the obligation to make every effort to ensure that the member complies with the binding advice for the excess amount.

To apply this guarantee, it is required that the consumer submits a written appeal to Thuiswinkel.org and transfers his claim on the entrepreneur to Thuiswinkel.org. If the claim on the entrepreneur exceeds €10,000, the consumer is offered to transfer his claim on the entrepreneur to the extent it exceeds the amount of €10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, seek payment to satisfy the consumer.

Article 17 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the consumer’s detriment 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 Thuiswinkel

Thuiswinkel.org will only amend these general terms and conditions in consultation with the Consumers’ Association (Consumentenbond).

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