Terms and Conditions
These General Terms and Conditions of the Stichting Webshop Keurmerk were established in consultation with the Consumers’ Association within the framework of the Coordination Group Self-regulation consultation (CZ) of the Socio-Economic Council and will take effect on June 1, 2014.
These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are under the supervision of the Financial Markets Authority.
Table of Contents:
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 cooling-off period
Article 8 – Exercise of the consumer’s right of withdrawal and costs thereof
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 and extra warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions: duration, cancellation, and extension
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Industry guarantee
Article 19 – Additional or different provisions
Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk
Article 1 – Definitions
In these conditions, the following definitions apply:
Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the trader or by a third party based on an agreement between that third party and the trader;
Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his commercial, business, craft, or professional activities;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Durable medium: any tool – including email – that enables the consumer or trader to store information that is addressed to him personally in a way that future consultation or use during a period that is appropriate to the purpose for which the information is intended, and that allows the unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off 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 at a distance to consumers;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, using one or more means of distance communication up to and including the time at which the contract is concluded;
Model withdrawal form: the model withdrawal form for Europe included in Annex I of these terms and conditions;
Means of distance communication: means that can be used for concluding a contract, without the consumer and trader being together in the same room.
**Article 2 – Identity of the trader**
Name company owner: Asma Abarkoun
Company name: Asmey
registration number: KVK-nummer: 93905742
Business bank account number: NL 85 INGB 0105 5693 13
Opening hours: By appointment
Email: info@byasmey.com
Phone: 0687577727
VAT number : NL005052077B33
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract that has been concluded between the trader 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 reasonably not possible, before the distance contract is concluded, the trader will indicate how the general terms and conditions can be viewed at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically, and that they will be sent to the consumer at his request free of charge electronically or otherwise.
In the event that specific product or service conditions also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.
**Article 4 – The offer**
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable a proper assessment of
the offer by the consumer. If the trader uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the trader.
Each offer contains such information that it is clear for the consumer what the rights and obligations are, that are attached to accepting the offer.
**Article 5 – The agreement**
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the trader immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
The trader can inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important to responsibly conclude the distance contract. If, based on this investigation, the trader has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
The trader will send the following information with the products, services, or digital content, in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:
a. the visiting address of the trader’s establishment where the consumer can lodge complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about warranties and existing after-sales service;
d. the price including all taxes of the product, service, or digital content; if applicable, delivery costs; and the method of payment, delivery, or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
f. if the consumer has a right of withdrawal, the model withdrawal form.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
**Article 6 – Right of withdrawal**
For products:
A consumer can dissolve a contract related to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but cannot require the consumer to state his reason(s).
The mentioned cooling-off period commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order of multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
c. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
The consumer can terminate a service agreement and an agreement for the delivery of digital content not supplied on a tangible medium during at least 14 days without giving any reasons. The trader may ask the consumer for the reason for withdrawal, but cannot require the consumer to state his reason(s).
The mentioned cooling-off period commences on the day following the conclusion of the agreement.
Extended cooling-off period for products, services, and digital content not delivered on a tangible medium in case of non-information about the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period, determined in accordance with the preceding paragraphs of this article.
If the trader has provided the consumer with the information required within twelve months from the date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.
**Article 7 – Consumer’s obligations during the cooling-off period**
During the cooling-off 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 establish the nature, characteristics, and functioning of the product. The basis here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
The consumer is only liable for depreciation of the product that is the result of a way of handling the
product that goes beyond allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the trader has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
**Article 8 – Exercise of the consumer’s right of withdrawal and costs thereof**
If the consumer exercises his right of withdrawal, he shall notify the trader within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
The risk and the burden of proof for 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 reported that the consumer must bear these costs or if the trader indicates to bear the costs himself, the consumer does not need to bear the costs of return.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the trader an amount that is proportional to that part of the commitment that has been fulfilled by the trader at the moment of withdrawal, compared to the full fulfillment of the commitment.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. the trader has not provided the consumer with the legally required information about the right of withdrawal, the costs reimbursement in case of withdrawal, or the model withdrawal form; or,
b. the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer does not bear any costs for the complete or partial delivery of digital content not supplied on a tangible medium, if:
a. he has not explicitly agreed to start fulfilling the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal upon granting his consent; or
c. the trader has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.
**Article 9 – Obligations of the trader in case of withdrawal**
If the trader makes the notification of withdrawal by electronic means possible, he shall send an acknowledgment of receipt of this notification immediately upon receipt.
The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with refunding until he has received the product or until the consumer shows that he has returned the product, whichever is earlier.
The trader uses the same means of payment that the consumer used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to refund the additional costs for the more expensive method.
**Article 10 – Exclusion of right of withdrawal**
The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this at the offer, at least in time for the conclusion of the contract:
Products or services whose prices are subject to fluctuations in the financial market on which the trader has no influence and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to the consumer who is personally present or given the opportunity to be present at the auction, under the leadership of an auctioneer, and where the successful bidder is obliged to take the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:
a. the performance has started with the express prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;
Service agreements for the provision of accommodation, if in the contract a specific date or period of performance is provided and other than for residential purposes, goods transport, car rental services, and catering;
Contracts relating to leisure activities, if a specific date or period of performance thereof is provided in the contract;
Products manufactured according
to the consumer’s specifications, which are not prefabricated and which are made on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that perish quickly or have a limited shelf life;
Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that are irrevocably mixed with other items after delivery by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but which can only be delivered after 30 days, and whose real value depends on fluctuations in the market on which the trader has no influence;
Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals, or magazines, with the exception of subscriptions to such publications;
The supply of digital content other than on a tangible medium, but only if:
a. the performance has started with the express prior consent of the consumer; and
b. the consumer has declared that he thereby loses his right of withdrawal.
**Article 11 – 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 trader can offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. These fluctuations and the fact that any stated prices are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
**Article 12 – Compliance and extra guarantee**
The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date the contract was concluded. If agreed upon, the trader also guarantees that the product is suitable for other than normal use.
An extra guarantee offered by the trader, his supplier, manufacturer, or importer never restricts the legal rights and claims that the consumer can assert against the trader under the contract if the trader has failed to fulfill his part of the agreement.
An extra guarantee is understood to mean any commitment by the trader, his supplier, importer, or producer in which he grants certain rights or claims to the consumer that go beyond what he is legally required to do in case he has failed to fulfill his part of the agreement.
**Article 13 – Delivery and execution**
The trader shall observe the greatest possible diligence when receiving and in the execution of product orders and when assessing requests for the provision of services.
As a place of delivery, the address that the consumer makes known to the trader is considered.
With due observance of what is stated about this in Article 4 of these general terms and conditions, the trader shall execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially, the consumer will receive notice of this no later than 30 days after he has placed the order. In such a case, the consumer has the right to terminate the contract without costs and the right to possible compensation.
After dissolution in accordance with the previous paragraph, the trader will refund the amount that the consumer paid without delay.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and to the trader announced representative, unless explicitly agreed otherwise.
**Article 14 – Duration transactions: duration, cancellation, and extension**
Cancellation:
The consumer can terminate an agreement that has been 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 agreed cancellation rules and a notice of at least one month.
The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of agreed cancellation rules and a notice of at least one month.
The consumer can cancel the agreements mentioned in the previous paragraphs:
– at any time and not be limited to cancellation at a particular time or in a particular period;
– at least cancel in the same way as they were entered into by him;
– always cancel with the same notice period as stipulated for himself by the trader.
Extension:
An agreement that has been entered into for a definite period
and that extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a certain duration.
In deviation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed period of a maximum of three months, if the consumer can terminate this extended agreement by the end of the extension with a notice period of at most one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of at most one month and a notice period of three months, in case the agreement extends to the regular, but less than monthly, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of day, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically 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 with a notice period of at most one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
**Article 15 – Payment**
As far as not otherwise stipulated in the agreement or additional conditions, the amounts to be paid by the consumer should be settled within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, that period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, in general terms and conditions, the consumer may never be required to pay more than 50% in advance. When advance payment is stipulated, the consumer may not assert any rights regarding the execution of the 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 trader without delay.
If the consumer does not meet his payment obligation(s) in time, this after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still meet his payment obligations, after failing to pay within this 14-day period, the legal interest is due on the amount still owed and the trader 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 trader may benefit from amounts and percentages to the consumer’s advantage.
**Article 16 – Complaints procedure**
The trader 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 fully and clearly described to the trader within a reasonable time after the consumer has observed the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
A complaint about a product, a service, or the service of the trader can also be submitted via a complaint form on the consumer page of the website of the Stichtiching Webshop Keurmerk (http://keurmerk.info/Home/MisbruikOfKlacht). The complaint is then sent both to the concerned trader and to Stichting Webshop Keurmerk.
If the complaint cannot be resolved in mutual consultation within a reasonable time or within 3 months after submitting the complaint, a dispute arises that is subject to the dispute resolution scheme.
**Article 17 – Disputes**
Contracts between the consumer and the trader to which these general terms and conditions relate are exclusively governed by Dutch law.
Disputes between the consumer and the trader about the conclusion or execution of contracts related to by this trader delivered or to be delivered products and services can, with due observance of the below, be submitted by both the consumer and the trader to the Disputes Committee Webshop, Postbus 90600, 2509 LP in The Hague (www.sgc.nl).
A dispute will only be dealt with by the Disputes Committee if the consumer has submitted his complaint to the trader within a reasonable time.
A dispute must be submitted in writing to the Disputes Committee no later than three months after the dispute arose.
When the consumer wants to submit a dispute to the Disputes Committee, the trader is bound by this choice. When the trader wants to
do so, the consumer must state within five weeks after a written request made by the trader whether he wishes to do so or wants the dispute to be handled by the competent court. If the trader does not hear the consumer’s choice within the period of five weeks, the trader is entitled to submit the dispute to the competent court.
The Disputes Committee will not handle a dispute or will stop handling a dispute if the trader has been granted a suspension of payments, has gone bankrupt, or has actually ended his business activities, before a dispute is handled at the session and a final decision has been made.
If next to the Disputes Committee Webshop another recognized or at the Foundation Disputes Committees for Consumer Affairs (SGC) or the Financial Services Complaints Institute (Kifid) connected disputes committee is competent, the Disputes Committee Stichting Webshop Keurmerk is preferably competent for disputes mainly concerning the method of sales or services at a distance. For all other disputes, the other recognized disputes committee connected at SGC or Kifid is competent.
**Article 18 – Branch guarantee**
Stichting Webshop Keurmerk guarantees the fulfillment of the binding advices of the Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice for review to the court within two months after sending it. This guarantee is revived if the binding advice has been upheld by the court after review and the judgment from which this appears has become final. Up to an amount of €10,000 per binding advice, this amount will be paid out by Stichting Webshop Keurmerk to the consumer. For amounts greater than €10,000 per binding advice, €10,000 is paid out. For the excess, Stichting Webshop Keurmerk has an obligation to attempt to ensure that the member complies with the binding advice.
To apply this guarantee, it is required that the consumer makes a written appeal to this at Stichting Webshop Keurmerk and that he transfers his claim on the trader to Stichting Webshop Keurmerk. If the claim on the trader exceeds €10,000, the consumer is offered to transfer his claim for the amount exceeding €10,000 to Stichting Webshop Keurmerk, after which this organization will ask the court to order the payment thereof at its own expense to satisfy the consumer.
**Article 19 – Additional or differing provisions**
Additional or differing provisions from these general terms and conditions may not be to the consumer’s detriment and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable medium.
**Article 20 – Amendment of the general terms and conditions of Stichting Webshop Keurmerk**
Stichting Webshop Keurmerk will not amend these general terms and conditions other than in consultation with the Consumers’ Association.
Changes to these conditions are only effective after they have been published in an appropriate manner, with the understanding that where applicable changes during the duration of an offer, the provision most favorable to the consumer will prevail.