General terms and conditions
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General terms and conditions
The General Terms and Conditions were drawn up in consultation with the Consumers' Association and the NTO as part of the Coordination Group Self-Regulation Consultation (CZ) of the Social and Economic Council and come into force for Stichting Webshop Keurmerk* on 1 July 2012.
The General Terms and Conditions shall be used by all members of Stichting Webshop Keurmerk* with the exception of financial services covered by the Financial Supervision Act and in so far as these services are supervised by the Netherlands Authority for the Financial Markets.
ARTICLE 01 - Definitions
ARTICLE 02 - Identity of the Contractor
ARTICLE 03 - Applicability
ARTICLE 04 - The offer
ARTICLE 05 - The agreement
ARTICLE 06 - Right of withdrawal
ARTICLE 07 - Costs in the event of withdrawal
ARTICLE 08 - Exclusion of the right of withdrawal
ARTICLE 09 - The price
ARTICLE 10 - Conformity and warranty
ARTICLE 11 - Delivery and performance
ARTICLE 12 - Term, termination and renewal
ARTICLE 13 - Payment
ARTICLE 14 - Complaints procedure
ARTICLE 15 - Disputes
ARTICLE 16 - Industrial warranty
ARTICLE 17 - Additional or different provisions
ARTICLE 18 - Amendments to the General Terms and Conditions
ARTICLE 1 - DEFINITIONS
In the General Terms and Conditions, the following definitions shall apply:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting 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, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information personally addressed to him in a way that allows later consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract during the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling 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 for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name of the contractor/company: Aanhangwagendirect B.V.
Business address and visiting address: Pompmakker 3, 8447 GJ Heerenveen, the Netherlands
Tel: 0513 528707 Monday to Friday between 09:00 and 17:00
E-mail address: [email protected]
Chamber of Commerce number: 66975174
The general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.
If the distance contract is concluded electronically, contrary to 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 it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded it will be indicated where the general terms and conditions can be inspected electronically and that at the consumer's request they will be sent electronically or otherwise free of charge.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of contradiction between the general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular :
- the price including taxes ;
- the possible costs of delivery
- the way in which the agreement will be concluded and which actions are necessary for this
- whether or not the right of withdrawal is applicable
- the method of payment, delivery and performance of the contract
- the period for accepting the offer, or the period within which the trader guarantees the price
- the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the usual basic rate for the communication technique used
- whether the contract will be archived after its conclusion and, if so, how it can be consulted by the consumer
- the manner in which the consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if necessary, correct it
- the languages other than French in which the contract may be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an extended duration transaction.
ARTICLE 5 - THE CONTRACT
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions thereby stipulated.
If the consumer has accepted the offer electronically, the trader shall confirm receipt of electronic acceptance of the offer without delay. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the agreement is concluded electronically, the trader shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - 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 a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that the consumer can save it in an accessible way on a durable data carrier
- the visiting address of the trader's office where the consumer can lodge complaints
- the conditions and procedures for exercising the right of withdrawal by the consumer or, where applicable, clear information about the exemption from the right of withdrawal
- information on existing guarantees and after-sales services;
- the information referred to in Article 4(3) of these general terms and conditions, unless the trader has already provided the consumer with that information before the performance of the contract
- the conditions for terminating the contract if the contract has a duration of more than one year or is of indeterminate duration.
- In case of a duration transaction, the provision of the previous paragraph shall only apply to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon delivery of the products:
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts 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.
During the reflection period, the consumer will handle the product and its 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 to the trader with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
In case of provision of services :
In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of the conclusion of the agreement.
In order to make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur at the time of 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, he shall be responsible for at most the costs of return shipment.
If the Consumer has paid an amount, the Entrepreneur shall return this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
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 trader clearly stated this in the offer, or at least in good time before concluding the contract.
The exclusion of the right of withdrawal is only possible for products
- that have been created by the trader in accordance with the consumer's specifications
- that are clearly of a personal nature
- that cannot be returned due to their nature
- that are damaged or age quickly
- whose price is subject to fluctuations on the financial market that are beyond the Entrepreneur's control;
- for various newspapers and magazines
- for audio- and video recordings and computer software of which the consumer has broken the seal.
- The exclusion of the right of withdrawal is only possible for services
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period
- the delivery of which has begun with the consumer's express consent before the withdrawal period has expired;
- relating to betting and lotteries.
ARTICLE 9 - PRICES
During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the contractor may offer products or services whose prices are linked to fluctuations in the financial market over which the contractor has no influence, with variable prices. This connection to fluctuations and the fact that all prices mentioned are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the contractor has stipulated them and :
they are the result of statutory regulations or provisions; or
the consumer is authorised to cancel the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
ARTICLE 10 - CONFORMITY AND GUARANTEE
The contractor guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, 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 contractor also guarantees that the product is suitable for other than normal use.
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
The company will take the greatest possible care when receiving and executing product orders 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.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders as soon as possible but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of the products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - DURATION, TERMINATION AND EXTENSION
The consumer may at any time terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements referred to in the previous paragraphs
terminate them at any time and not be limited to termination at a specific time or during a specific period ;
terminate at least in the same way as he entered into them;
always terminate with the same notice period as the contractor has set for himself.
An agreement entered into for a definite period for the regular supply of goods (including electricity) or services may not be extended for a definite period or tacitly renewed.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate the renewed contract towards the end of the renewal period with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular supply of goods or services may be tacitly extended for an indefinite period only if the consumer may terminate the contract at any time by giving not more than one month's notice and not more than three months' notice where the contract relates to the regular, but less than monthly, supply of daily, news and weekly newspapers and magazines.
Contracts of a limited duration for the regular supply of daily or weekly newspapers and magazines on a trial basis (trial or introductory subscription) are not tacitly continued and end automatically after the trial or introductory period.
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
ARTICLE 13 - PAYMENT
If the method of payment in arrears by the Billink payment provider is chosen, payment to Billink B.V. (hereinafter referred to as "Billink") must be made within the agreed payment term. All rights by virtue of the claim are transferred by us to Billink, who will collect the claim. Your data will be examined and recorded by or on behalf of Billink and may be used, inter alia, for debt collection and the examination of orders as part of the implementation of the acceptance policy of affiliated organisations. Billink reserves the right to refuse a customer's request for a deposit. The payment term used is a strict deadline. If payment is not made on time, the client is therefore in default without notice of default being required and Billink is entitled to charge contractual interest of 0.75% per month (part of a month counts as a full month) from the due date of the invoice. Billink is also entitled to charge the customer extrajudicial collection costs in accordance with the law. For business customers Billink is also entitled to charge the customer for dunning and reminder costs, without prejudice to Billink's right to charge the customer for the actual costs incurred if these exceed the amount thus calculated. These costs amount to a minimum of 15% of the principal sum, with a minimum of 40 euros for consumers and 75 euros for businesses. Billink is also entitled to transfer the claim to a third party. In such a case, the provisions of the above in respect of Billink also pass to the third party to whom the claim has been transferred.
Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the Mounting of the agreement.
When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 50%. Where 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.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur 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 contractor within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the contractor shall be answered within a period of 14 days from the date of receipt. If a complaint takes longer to process, the contractor will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service or the contractor's service can also be submitted via a complaint form. The complaint will then be sent to both the contractor concerned and the consumer.
If the complaint cannot be resolved by mutual agreement, a dispute arises and the dispute resolution procedure applies.
ARTICLE 15 - DISPUTES
Contracts between the Contractor and the Consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Disputes between the Consumer and the Contractor about the conclusion or performance of agreements relating to products and services to be supplied or delivered by this Contractor may be submitted to the Geschillencommissie Postbus 90600, 2509 LP in The Hague (www.sgc.nl) in accordance with the provisions set out below.
A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the Contractor within a reasonable time.
No later than three months after the dispute has arisen, the dispute must be submitted in writing to the Disputes Committee.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur so wishes, the consumer will have to express in writing within five weeks after a written request made by the entrepreneur, whether or not he wishes the dispute to be dealt with by the competent court. If the entrepreneur does not take note of the consumer's choice within the five-week period, the entrepreneur has the right to submit the dispute to the competent court.
The Dispute Commission makes a decision under the conditions as laid down in the regulations of the Dispute Commission. The decisions of the Geschillencommissie are made by means of a binding advice.
The Disputes Committee will not deal with or discontinue a dispute if the trader has been granted a suspension of payments, gone bankrupt or has actually ceased trading, before a dispute has been dealt with by the committee at a hearing and a final ruling has been issued.
If a Disputes Committee other than the webshop of the Disputes Committee is authorised or affiliated to the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid) (Financial Services Complaints Institute), the webshop of the Disputes Committee shall be exclusively authorised for disputes primarily relating to the method of distance selling or provision of services. For all other disputes, the other disputes committee recognised by the SGC or affiliated to the Kifid is competent.
ARTICLE 16 - GUARANTEE OF ESTABLISHMENT
Our terms and conditions guarantee compliance with the binding opinion of the Web Shop Disputes Committee by its members, unless the member decides to submit the binding opinion to the court for review within two months of its dispatch. This guarantee revives if the binding opinion is upheld after review by the court and the resulting judgment has become irrevocable. Up to an amount of €10,000 per binding opinion, this amount will be paid to the consumer. For amounts higher than €10,000 per binding opinion, €10,000 will be paid. For the excess, Webshop Keurmerk* has a best-efforts obligation to ensure that the member complies with the binding opinion.
The application of this guarantee requires that the consumer submits a written claim to Webshop Keurmerk* and transfers the claim on the contractor to Webshop Keurmerk*. If the claim on the contractor exceeds €10,000,-, the consumer will be offered to transfer the claim insofar as it exceeds the amount of €10,000,- to Stichting Webshop Keurmerk*, who will claim payment in its own name and for its own account to the satisfaction of the consumer.
ARTICLE 17 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions of and/or deviations from these General Terms and Conditions may not be made to the Consumer's detriment and must be put in writing or be recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
ARTICLE 18 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
These general terms and conditions cannot be amended without prior consultation with the Consumer Association.
Amendments to these general terms and conditions are only valid after they have been published in an appropriate manner, on the understanding that in the event of amendments during the term of an offer, the provision most favourable to the consumer shall prevail.
* Stichting Webshop Keurmerk has been the professional association and quality mark for companies offering their products and services at a distance mainly via the web since 2001. With more than 42,000 registrations and 9,350 affiliated web shops in the Netherlands and almost 9,700 web shops worldwide (not all web shops want to be listed, but in case of doubt, please inquire), Stichting Webshop Keurmerk is the largest recognised quality mark in the Netherlands.